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Attorneys may withdraw from representation for the client's nonpayment subject to court approval and the specific facts and circumstances. Nonpayment of fees may constitute an unreasonable financial burden or failure to fulfill an obligation.
Rule 4-1.16(a) lists three situations when an attorney must withdraw from representing a client: when ?the representation will result in violation of the rules of professional conduct or other law;? when ?the lawyer's physical or mental condition materially impairs the lawyer's ability to represent the client;? or when ...
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.
[Date] [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of Client] Dear [Client's Name]: This letter will confirm our understanding that effective [DATE] this firm will no longer represent you in connection with [LEGAL MATTER].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.
Date the letter and specify when the case has concluded. The reason for the end of representation. Briefly note the reason why you will no longer be representing the client on the matter at hand?whether it's because the case has concluded or there's another reason (for example, if your practice is closing).
A disengagement letter serves to make clear that a client has ceased to be a current client for conflict of interest analysis.
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 ...