Mandatory Withdrawal vs. Permissive Withdrawal (MPRE)

The MPRE isn't far off and I'll be posting throughout the month of March on some of the more common areas tested.  Today's post focuses on mandatory withdrawal vs permissive withdrawal. 

First, it should be noted that a client can fire a lawyer with or without cause at any time. In certain litigation matters, though, local rules might require court permission for a client to fire an attorney.  Interestingly, there aren't very many times at all when a lawyer must withdraw from a case. In fact, there are only two. A lawyer must withdraw when the attorney's mental or physical condition would make continued representation unreasonable, and when continued representation would require the attorney to violate the law or disciplinary rules. That's all there is to remember. 

On the other hand, there are quite a few instances in which it's not true that the attorney must withdraw, but it is true that the attorney may withdraw. In fact, an attorney may withdraw from representation for any reason if withdrawal does not have a material adverse effect on the client's interest or if the client consents to withdrawal. And even if withdrawal will have an adverse impact on the client, the attorney still may withdraw under limited circumstances. Those circumstances are as follows:

--The client persists in criminal or fraudulent conduct. Note that if the client requires the attorney's assistance in this conduct then instead the rule above for mandatory withdrawal applies.

--The client has previously used the attorney's services to commit a past crime or fraud. Important difference here in that past conduct implicates permissive withdrawal whereas if the client requires future assistance from the attorney, mandatory withdrawal applies. 

--The client's objective is repugnant or against the attorney's beliefs.

--The client breaks a promise to the attorney. Basically, the client refuses to pay.

--The representation imposes an unreasonable financial burden on the attorney.

--The client will not cooperate in the representation. 

--Other good cause for withdrawal exists. 

Note importantly that if any of the above apply, the attorney must give the client reasonable notice of withdrawal and a chance to retain another attorney. Also, the attorney must refund any advanced fees not yet earned and expenses not yet spent. Lastly, the attorney must turn over all papers and property to which the client is entitled.