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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 ...
The lawyer should send a disengagement letter to establish that the relationship is no longer continuing, and to refer the client to another lawyer.
Try to Be Cooperative To that end, create an accommodating tone at the beginning of your dealings with the other attorney. If you set that tone, you may see a measure of reciprocal, even pleasant behavior.
engagement letter informs prospective clients that the attorney will not be representing them. Lawyers prepare this type of correspondence to clarify and document the status of the relationship.
A disengagement letter will normally address the following: a summary of services provided up to the date of ceasing to act. a note of any further action to be taken by the Practitioner. a note of any outstanding matters that either the ex-client or the new advisers will need to address.
Dear [Opposing Counsel Name], I am writing to follow up on our recent communication regarding [case name].
Unfortunately, we have had to make the difficult decision to terminate our contact effective from [your chosen date]. Due to the recent problems and delays with your project, it's come to our attention that we're not a good fit for each other. Your requirements are outside of the scope of what we do as a company.
A: Yes, contact is forbidden even if the opposing client, not the lawyer, initiates it. See comment 1 to Rule 4.2 (?This rule applies even though the represented person initiates or consents to the communication.?)