An attorney must return all client property after withdrawing from a client-lawyer relationship.

Outline

• Opening: A clean break after ending a client relationship isn’t just etiquette; it’s a legal-ethical duty that protects clients.

• Core duty: After withdrawing, the attorney must return all property related to the client.

• What counts as client property: Case files, documents, evidence, digital records, and any items the client owns or has a right to possess.

• Why this matters: It preserves the client’s rights, supports a smooth transition to new counsel, and upholds trust in the profession.

• What about other duties or options? Why the other choices don’t fit.

• Practical steps: A starter checklist for attorneys.

• Common questions and clarifications: unearned fees, third-party funds, and confidentiality.

• Takeaways: A quick, memorable recap.

• Final thought: Ethics isn’t a buzzword; it’s the backbone of effective representation.

How to read this, in plain terms

Let me explain it this way: when a lawyer steps away from a client, the relationship doesn’t just vanish like fog at dawn. The client still owns their documents, evidence, and materials that the lawyer has in hand. The right way to close things out is simple in principle, even if the details can get a little thorny in real cases. The rule of thumb is straightforward: return all property related to the client.

What counts as client property?

Think of property as anything that belongs to the client and is in the lawyer’s possession because of the representation. That includes:

• Case files and supporting papers: pleadings, discovery produced by the client, receipts, and crucial documents the client supplied.

• Physical items and tangible records: originals or copies of contracts, notes the client prepared for the matter, exhibits, or other materials the client has a stake in.

• Electronic records: email threads, scanned documents, digital transcripts, and other data the client needs to move forward with new counsel.

• Other materials the client owns or has the right to possess, even if they exist in the lawyer’s archive.

A quick distinction is helpful here: while work product and confidential materials deserve special protection, the obligation we’re discussing focuses on returning property that belongs to the client or that the client has a rightful claim to possess. And yes, if there are copies the lawyer keeps for their own records, those copies aren’t the client’s property to hold onto—unless the client specifically asks for them and the rules allow it.

Why returning property matters

This isn’t just a line in the ethics manual. It matters in real life.

• Protecting the client’s rights: If the client needs to review, produce, or move forward with the matter, they should have access to the necessary documents without friction.

• Enabling a smooth transition: New counsel can pick up where the old attorney left off when they receive all relevant materials. Without that handoff, deadlines can slip, and important opportunities can slip away.

• Maintaining trust in the profession: When lawyers promptly return property, it demonstrates respect for clients and upholds the integrity of the profession. It’s a quiet, powerful signal that the attorney respects the client’s interests even after the formal relationship ends.

• Reducing risk for the attorney: Leaving materials behind can invite disputes or claims of mishandling. Being clear and proactive mitigates those risks.

Why the other choices don’t fit

• A. Start a new case with a different client: That’s a separate matter entirely. Beginning a new engagement has nothing to do with what happens to the former client’s property. The ethical duty is about returning what belongs to the client and winding down the old representation properly.

• C. Leave the case without any further responsibilities: That would be a sloppy exit. Clients rely on their attorneys to wrap things up responsibly, especially when it comes to getting them access to their own papers.

• D. Inform the court of their decision without returning property: Informing the court might be part of the withdrawal notice in some circumstances, but it does not satisfy the core duty to return client property. The property must be handed back to the client or their new counsel.

Practical steps for closing the loop

If you’re a lawyer facing withdrawal, here’s a pragmatic checklist that can help ensure you cover all bases without getting overwhelmed:

• Inventory and categorize: Compile a list of all client materials in your possession. Separate originals, copies, and items the client must have access to.

• Prioritize client access: Decide what the client or their new attorney will need immediately to avoid missed deadlines or blind spots.

• Secure a clean handover: Arrange a formal handover of files. This can be via secure transfer, courier, or in person, depending on the sensitivity of materials.

• Address unearned fees and costs: If any fees or costs were paid in advance and not yet earned, consult the applicable rules to determine the refund amount. Make the refund promptly if appropriate.

• Preserve confidentiality: Even as you turn over property, continue to protect confidential information. Remove or segregate anything that isn’t the client’s property but was in your possession for legitimate purposes.

• Notify the client in writing: Send a clear withdrawal notice that lists what you are returning and how the client or new counsel can obtain it. Include any steps they should take to claim their materials.

• Coordinate with third parties: If assets, records, or funds are held by third parties (like a trustee or a court), communicate with them to ensure a clean transition and proper release of items.

• Retain a record of the transfer: Keep documentation showing what was returned, when, and to whom. This can prevent future misunderstandings.

A few practical caveats you’ll want to keep in mind

• Digital hygiene matters: If you’ve emailed or stored documents in the cloud, provide a secure method for the client to access or receive them. Don’t just hand over a pile of PDFs on a USB drive that could get lost in transit.

• Work product vs. client property: Your notes on strategy or draft documents unrelated to the client’s ownership deserve separate treatment. Don’t mix the client’s property with your own work product as you hand things over.

• After-hours realities: If a deadline is looming, act quickly but carefully. It’s better to involve the client or new counsel and make a plan than to let a critical date slip.

• If you owe a refund: A clean financial wrap-up helps avoid disputes. If you’ve taken fees in advance, determine what portion is earned and refund the rest promptly.

Common questions and quick clarifications

• What if there are ongoing matters or appeals? You should still return the client’s property and provide necessary information to keep the matter moving, even if deadlines loom. If the client asks you to stay on to handle specific issues, that would be a separate engagement—not a continuation of the old relationship without proper formalities.

• What about client confidences? Confidential information remains protected. The handover focuses on client-owned materials; you must not disclose confidential strategies or communications beyond what’s necessary to transfer the client’s materials.

• Do I have to send the property to the client directly? Not necessarily. If the client has chosen new counsel, delivering to the new attorney with notice to the client is often appropriate, provided privacy and security are maintained.

A quick takeaway you can keep in mind

• After withdrawal, the primary duty is simple and critical: return all property related to the client. This is the practical foundation that makes sure the client can continue their matter with minimal friction, and it upholds the trust at the heart of the attorney-client relationship.

Closing thought

Ethics isn’t a dusty corner of the law; it’s the quiet, steady backbone of meaningful representation. When you end a client relationship, you’re not finishing a file—you’re ensuring the client’s future is protected, their rights preserved, and the profession’s integrity remains intact. If you ever find yourself walking through that doorway of withdrawal, let the property handover be your compass. It’s easy to overlook in the whirlwind of deadlines, but it’s essential work—work that speaks louder than a hundred briefings about how to handle a case.

If you want a quick reference, keep this mental cue handy: return the client’s property, handle any unearned fees promptly, and safeguard confidentiality. Do that, and you’ve done right by your client and by the profession. For deeper context, the Model Rules and related state opinions offer precise language and scenarios that can illuminate the nuances in real-world settings. And when in doubt, a clear, written notice plus a tidy handover tends to clear up most questions before they become problems.

Note: This discussion focuses on general ethical principles surrounding withdrawal and client property. If you’re applying these ideas to a specific situation, you’ll want to consult the exact rules in your jurisdiction and, when needed, seek a quick professional ethics briefing.