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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.
Withdrawal from representation, in United States law, occurs where an attorney terminates a relationship of representing a client. There are two types of withdrawal: mandatory and voluntary.
Lawyers can withdraw based on the fact their client refuses to be truthful, refuses to follow the attorney's advice, demands to pursue an unethical course of action, demands unrealistic results, desires to mislead the Court, refuses to cooperate with their counsel as well as countless other reasons.
[Name and Address of Client] Dear [Client's Name]: This letter will confirm our understanding that effective [DATE] this firm will no longer represent you in connection with [LEGAL MATTER]. I urge you to promptly retain other counsel to represent you in this matter.
What Is a Demand Letter? A demand letter is a formal notice from your lawyer that outlines the facts of your claim, the evidence that supports it, and the damages you seek. It serves as an attempt to resolve a dispute without going to court.
A disengagement letter is sent by an attorney or law firm to a client when they're withdrawing from representing them. The purpose of a disengagement letter is to provide notice and document the withdrawal in ance with Rule of Professional Conduct (RPC) 1.16 Declining or Terminating Representation.
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.