What must an attorney do if they wish to withdraw from a client representation during litigation?

Disable ads (and more) with a premium pass for a one time $4.99 payment

Prepare for the Multistate Professional Responsibility Examination. Enhance your study with flashcards and detailed, multiple-choice questions, each designed with explanations to boost understanding. Ace your MPRE with confidence!

When an attorney wishes to withdraw from representation during litigation, they are required to request permission from the court to ensure that the withdrawal does not adversely affect the client's interests or disrupt the legal proceedings. This formal process involves filing a motion to withdraw and providing the court with a compelling reason for the withdrawal. The court will then assess the situation and determine whether to grant the request.

This procedure is in place to protect the integrity of the judicial process, as withdrawal could hinder the client's ability to have their case heard and could potentially lead to delays or injustice. The requirement for court approval reflects the attorney's responsibility to uphold their duties to the client, the court, and the legal profession.

Other options do not comply with the ethical and procedural requirements established for attorneys in litigation. Simply notifying the client without proper procedure could leave the client unrepresented in ongoing matters, while stopping communications would be unprofessional and likely lead to ethical violations. Additionally, obtaining permission from the client alone without court involvement does not satisfy the required legal protocol during litigation, as the court must ensure adequate representation and the client's rights.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy