Understanding Scr20:1.16 on Declining or Terminating Representation

✨There are specific conditions under which a lawyer can withdraw from representing a client.

🔒If the client persists in a course of action the lawyer believes is criminal or fraudulent, the lawyer can withdraw.

💔If the client's actions are repugnant to the lawyer or the lawyer has a fundamental disagreement, they can withdraw.

💼Withdrawal can only occur if it does not have a material adverse effect on the client's interest.

⏰Withdrawal from representation must be accomplished ethically and with proper consideration.

Under what conditions can a lawyer withdraw from representing a client?

—A lawyer can withdraw if withdrawal can be accomplished without materially harming the client's interests, the client persists in a criminal or fraudulent course of action, the client has used the lawyer's services to commit a crime or fraud, or the lawyer has a fundamental disagreement or finds the client's actions repugnant.

What does Scr20:1.16 say about withdrawal from representation?

—Scr20:1.16 provides guidelines and conditions under which a lawyer can withdraw from representing a client.

Does the client have any say in the withdrawal of representation?

—The client can express their preference, but ultimately, the decision to withdraw is the lawyer's, based on ethical considerations and the rules outlined in Scr20:1.16.

Can a lawyer withdraw if they believe their client is innocent?

—The innocence or guilt of the client is not the determining factor for withdrawal. Withdrawal can occur if the lawyer believes the client's actions are criminal, fraudulent, repugnant, or there is a fundamental disagreement.

How should withdrawal from representation be handled ethically?

—Withdrawal should be done in compliance with ethical standards, ensuring proper notification of the client, consideration of the client's interests, and adherence to the rules and guidelines provided in Scr20:1.16.

00:01Scr20:1.16 discusses rules on when a lawyer can withdraw from representing a client.

00:15Conditions under which a lawyer can withdraw include persistent criminal or fraudulent behavior by the client.

00:43Withdrawal can be based on a fundamental disagreement with the client or finding the client's actions repugnant.

01:08Withdrawal must not have a material adverse effect on the client's interests.

02:52Scr20:1.16 guidelines aim to ensure ethical withdrawal from representation.