In this complaint, plaintiff charges defendants with intentional interference with the attorney/client relationship. The plaintiff states that the actions of the defendants in interfering with the attorney/client relationship were willful, wanton, malicious and obtrusive and that punitive damages should be accessed against the defendants.
Attorney Letter To Client Withdrawal In Michigan
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US-000295
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For all other files, the ethics rules do not direct an exact time period; however, Rule 1.16 does establish a general duty not to prejudice a client upon termination of the relationship. Thus, an attorney should not destroy a former client's file so quickly that the client's interests are prejudiced.
R. 1.16 Declining or Terminating Representation, which distinguishes scenarios where a lawyer must withdraw or decline representation from when the lawyer may withdraw from representation. The rule also specifies that a local court (or tribunal) may set its own rules for withdrawal if there is a pending proceeding.
The lawyer should send a disengagement letter to establish that the relationship is no longer continuing, and to refer the client to another lawyer. In the disengagement letter, the lawyer should warn the client of applicable time limitations, deadlines, and uncompleted investigation or casework.
Once a client becomes a former client, the lawyer has a continuing obligation not to take on representation of someone else in “the same or a substantially related matter” in which the prospective client's interests are “materially adverse” to the former client's unless the former client consents after consultation.
Rule 1.16 - Declining or Terminating Representation (a) Except as stated in paragraph (c), a lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if: (1) the representation will result in violation of law or the Rules of Professional Conduct; (2) ...
RULE 1.16: DECLINING OR TERMINATING REPRESENTATION (c) A lawyer must comply with applicable law requiring notice to or permission of a tribunal when terminating a representation. When ordered to do so by a tribunal, a lawyer shall continue representation notwithstanding good cause for terminating the representation.
Even if the matter is not pending before a tribunal, the ethics rules of most states provide that a lawyer cannot withdraw until he or she has taken reasonable steps to avoid foreseeable prejudice to the rights of his client, such as giving notice to the client, allowing time for employment of other counsel, delivering ...
We are writing to inform you that after careful consideration, (MY COMPANY) has made the difficult decision to terminate its agreement as a service provider for (CLIENT NAME) effective (TERMINATION DATE). Current circumstances have caused the need for (MY COMPANY) to re-evaluate our client portfolio.