Ethics in Brief: Leaving the Client?
By Mitchell L. Lathrop
Sometimes the relationship between client and counsel becomes so difficult and fraught with misunderstandings that counsel wants to depart from the situation. Sometimes also, the departure may not be as easy as counsel hoped. For example, Rule 1.2 of the Rules of Professional Conduct requires that “subject to rule 1.2.1, a lawyer shall abide by a client’s decisions concerning the objectives of representation and, as required by rule 1.4, shall reasonably consult with the client as to the means by which they are to be pursued.” At the same time, counsel cannot assist in or advise the violation of a law[1] and must use reasonable diligence in representing the client.[2] So what happens when the attorney-client relationship has deteriorated to the point where the lawyer feels he or she must get out?