Terminating a Client Relationship: Attorney Liability
How a attorney-client relationship is terminated is of utmost important in the law community. Many clients have a lot at stake, both financially and emotionally, and that is why terminating a relationship must be done appropriately and correctly to avoid Attorney Professional Liability claims.
Your clients can still withdraw from a case in certain circumstances. For example, if your client is violating the law or the rules of professional conduct by representing a particular person or company, they not only should withdraw from the case, they must. Or, if your client is physically or mentally incapable of representing that client, they may withdraw from the case. Lastly, if the client requests a different attorney to represent them, the lawyer may also terminate the relationship lawfully.
Furthermore, Lawyers.com offers these additional reasons that may allow for a lawyer to withdraw from a case.
Adversary conflict of interest.
If your client is representing someone whose business interferes or adversely affects another client they represent, this would pose a conflict of interest. If a conflict waiver from each party cannot be obtained by the lawyer which would allow him or her to represent both, then the lawyer may withdraw.
The difference of opinion in approaching the case.
If the lawyer and the client cannot come to an agreement on strategy, it is recommended the lawyer terminates the relationship.
A client’s failure to cooperate.
Open communication is critical in attorney-client relationships. However, if the client does not cooperate or does not provide the necessary materials and documentation needed for the lawyer to defend him or her, then the lawyer may withdraw altogether.
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