Rule 1.16 Declining
or Terminating Representation
(a) Except as stated in
paragraph (c), a lawyer shall not represent a client or, where
representation has commenced, shall withdraw from the representation of
a client if:
(1)
the representation will result in violation of the rules of professional
conduct or other law;
(2)
the lawyer's physical or mental condition materially impairs the
lawyer's ability to represent the client; or
(3)
the lawyer is discharged.
(b) Except as stated in
paragraph (c), a lawyer may withdraw from representing a client if:
(1)
withdrawal can be accomplished without material adverse effect on the
interests of the client;
(2) the
client persists in a course of action involving the lawyer's services
that the lawyer
reasonably believes is criminal or fraudulent;
(3) the
client has used the lawyer's services to perpetrate a crime or fraud;
(4) the
client insists upon taking action that the lawyer considers repugnant or
with which the lawyer has a fundamental disagreement;
(5) the
client fails substantially to fulfill an obligation to the lawyer
regarding the lawyer's services and has been given reasonable warning
that the lawyer will withdraw unless the obligation is fulfilled;
(6) the
representation will result in an unreasonable financial burden on the
lawyer or has been rendered unreasonably difficult by the client; or
(7)
other good cause for withdrawal exists.
(c) A lawyer must
comply with applicable law requiring notice to or permission of a
tribunal when terminating a representation.
When ordered to do so by a
tribunal, a lawyer shall continue representation notwithstanding good
cause for terminating the representation.
(d) Upon termination of representation, a lawyer shall
take steps to the extent reasonably practicable to protect a client's
interests, such as giving reasonable notice to the client, allowing time
for employment of other counsel, surrendering papers and property to
which the client is entitled and refunding any advance payment of fee or
expense that has not been earned or incurred. The lawyer may retain
papers relating to the client to the extent permitted by other law.
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