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Opinion 20-05 |
Client Fraud | Confidentiality | Withdrawal from Representation
A lawyer who knows about a client’s fraud may disclose otherwise confidential client information to third parties if done in such a manner as to prevent, lessen or rectify the client fraud. However, even if the information is not disclosed, the lawyer will still likely need to withdraw as client’s attorney and take other actions.
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Opinion 13-05 |
Client Fraud | Court Obligations | Withdrawal from Representation
When a lawyer discovers that his or her client in an administrative hearing has previously submitted false material evidence to the tribunal, the lawyer must attempt to persuade the client to correct or withdraw the false evidence, but if that fails and if the effect of the false evidence cannot otherwise be undone, the lawyer must disclose the false evidence.
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Opinion 12-10 |
Confidentiality | Impaired Client | Withdrawal from Representation
It would be professionally proper for a lawyer to request permission of the Court to withdraw if the client’s actions or conduct is rendering the lawyer’s fulfillment of employment difficult or is demanding action which in the lawyer’s judgment is contrary to the law. Under the facts presented, it would be professionally proper for a lawyer to seek the establishment of guardianship for a client when the information upon which the lawyer acts was learned by the lawyer through the confidential relationship.
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Opinion 03-04 |
Communication With Client | Withdrawal from Representation
A law firm generally has no ethical obligation to file a lawsuit on behalf of a missing client to satisfy an impending statute of limitations. There may be exceptions, however, if the client specifically authorizes the filing of a lawsuit prior to the client’s disappearance and provides the law firm with sufficient information with which a complaint can reasonably be prepared and filed.
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Opinion 01-02 |
Client Files | Client Funds and Property | Withdrawal from Representation
Lawyer may properly terminate representation if client's conduct makes it unreasonably difficult for lawyer to carry out employment effectiveness or client fails to substantially fulfill agreement to pay lawyer's fees or expenses; however, lawyer must take reasonable steps to avoid foreseeable prejudice to client as a result of termination. Discarding client's files if client does not retrieve them after 30 days due notice will not likely comply with lawyer's duty to avoid prejudice to client upon termination of representation.
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Opinion 90-26 |
Conflict of Interest | Fees and Expenses | Withdrawal from Representation
A lawyer has an obligation to determine the existence of possible conflicts of interest at the outset of the representation. Upon learning of a conflict of interest, a lawyer should immediately inform his or her client and if consent is not secured for continued representation, should immediately withdraw.
If a lawyer must withdraw from representation due to conflict of interest, he or she shall not be entitled to share in fees arising out of that matter. If, however, the representation is not based upon contingent fee, the lawyer shall not be entitled to any fee following the date upon which a conflict was determined or reasonably should have been determined to exist.
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Opinion 89-11 |
Conflict of Interest | Disciplinary Proceedings | Withdrawal from Representation
A lawyer may continue to represent a client in a proceeding after that client has filed a disciplinary complaint against the lawyer regarding that proceeding, providing that client consents after disclosure.
