Notice Terminating Attorney Without Consent

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State:
Multi-State
Control #:
US-01163BG
Format:
Word; 
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Description

A client generally has the right to terminate the relationship with the client's attorney, at any time with or without cause. An attorney is entitled to notice of the discharge. Although such notice need not be formal, it is preferable that the notice be in writing and signed by the client.


On the other hand, an attorney is not at liberty to terminate the relationship or to abandon a case without reasonable cause. If such cause does exist, the attorney may terminate only on giving reasonable notice to the client and usually after obtaining an order from the court in which the attorney is representing the client (if a court action is involved).

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FAQ

Mandatory Withdrawal the lawyer is discharged by the client; the lawyer's physical or mental condition materially impairs the lawyer's ability to represent the client; or. the representation will result in a violation of the Rules of Professional Conduct or other law.

Every time you want to decline to represent a prospective client, you should use a non-engagement letter. Otherwise, you risk the possibility that the prospective client could mistakenly think you're their attorney on a matter.

Under Rule 1.16(a), lawyers are required to either decline to represent a client, or to withdraw, when the representation would result in a violation of the rules of professional conduct or other law; the lawyer's physical or mental condition materially impairs their ability to represent client; or the lawyer has been ...

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.

Be Clear: Be direct and get straight to the point. Clearly state that you are terminating the attorney and briefly state the reasons why. Additionally, the termination letter should state that the attorney should immediately stop working on any pending matters.

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Notice Terminating Attorney Without Consent