Massachusetts Notice from Attorney Terminating Attorney-Client Relationship

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Multi-State
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US-02607BG
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Description

A lawyer may withdraw from representing a client so long as it can be accomplished without material adverse effect on the client's interests. Specific grounds that may require termination of the relationship by the attorney include, but are not limited to:


" a client's persistent criminal and fraudulent activity;

" the use of the lawyer's services to perpetuate a crime or fraud;

" a client's actions that the attorney considers repugnant or imprudent;

" a client's failure to fulfill a substantial financial or other obligation that the attorney has previously warned the client could lead to attorney withdrawal; or

" an irreparable breakdown of the attorney-client relationship due to the client's difficult behavior.


Of course, if the matter handled by the attorney is in litigation, the attorney must seek the entry of an order permitting his withdrawal or substitution of other counsel.


An attorney has an obligation when he terminates the relationship to allow
reasonable time to secure other counsel, to return all of the client's papers and
property, and to refund all fees and costs not earned by the attorney.


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FAQ

An attorney may also withdraw if you insist on acting in a way that he or she finds morally repugnant or fundamentally disagreeable. Similarly, the attorney may withdraw if you've used their services to commit a crime or a fraud.

Under Rule 1.16 (a), the attorney must withdraw if: the representation will result in violation of the rules of professional conduct or other law; the lawyer's physical or mental condition materially impairs the lawyer's ability to represent the client; or. the lawyer is discharged.

The Rules of Professional Conduct of the State Bar of California specify three circumstances under which an attorney must terminate a client relationship: (1) where the attorney knows or should know that a client is bringing an action, conducting a defense, asserting a position in litigation, or taking an appeal, ...

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 ...

Generally speaking, a lawyer may request a withdrawal of representation at any time, for any reason, if the matter involves a case filed in a court of law. If there is no case filed, the attorney may unilaterally end the relationship at any time, for any reason.

If the wishes are proper and lawful, the attorney cannot simply ignore them. To do so may constitute malpractice, particularly if doing so will result in the loss of rights or benefits to the client.

A lawyer may pay a witness reasonable compensation for time lost and for expenses reasonably incurred in preparing for or attending the proceeding. A lawyer may pay a reasonable fee for the professional services of an expert witness.

While an attorney doesn't have to give a client a reason to refuse a case, there could be any number of reasons that they would. A few could include: Client's lack of necessary finances for the case's complexity. Conflict of interest with client or opposing client/counsel.

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Massachusetts Notice from Attorney Terminating Attorney-Client Relationship