CLIENT-LAWYER RELATIONSHIP
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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