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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 ...
Rule 4.2 of the Rules of Professional Conduct provides that ?[i]n representing a client, a lawyer shall not communicate about the subject of the representation with a party the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized by law ...
But there is a formula you can use for this letter: Introduction. I see many draft withdrawal letters that start off in the middle of what happened that led to the withdrawal. ... Facts. The client should receive some explanation of why you are withdrawing. ... Timing. ... Deadlines. ... Files. ... Fees. ... Good luck.
Rule 7.1. A lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services. A communication is false or misleading if it contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading.
To Whom It May Concern: This letter serves as notice that I am no longer able to serve as representative for the above referenced individual's SSI/SSDI application. Please remove my name from your records regarding such representation. At this point, I do not know if another representative will be replacing me.
(d) A lawyer shall not terminate a representation until the lawyer has taken reasonable* steps to avoid reasonably* foreseeable prejudice to the rights of the client, such as giving the client sufficient notice to permit the client to retain other counsel, and complying with paragraph (e).
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 ...