Withdrawing from a case usually comes from irreconcilable differences between attorney and client. The manner and means of terminating that relationship can affect the likelihood that a malpractice claim will be presented.

First, know and follow the procedures applicable in your jurisdiction. Many states provide in their own Rules of Professional Conduct when withdrawal is mandatory and when it is permissive. Other states follow the ABA Model Code of Professional Responsibility (DR 2-110) or the Model Rules of Professional Conduct (Rule 1.16).

When a matter is pending in a tribunal, your jurisdiction will likely have specific requirements to follow. ABA Ethical Consideration 2-32 provides a good overview of the considerations to keep in mind:

Considerations when Withdrawing from a Case

A lawyer should not withdraw without careful consideration and attempt to minimize the […]

An engagement letter is a contract between you and your client. Each new client or project, big or small, should start with a letter that is signed by all associated parties. These letters can be used as binding contracts in the event of fee disputes, collection issues and more. Overall, this documentation delivers peace of mind and security to both parties.

Why send an engagement letter?

First and foremost, an engagement letter sets expectations for both parties. Your client will know exactly what to expect from you, as well as what is expected of them. This can help prevent misunderstandings and should strengthen the relationship down the road.

In the rare event of a dispute between you and your client, the legally binding engagement letter can serve as the go-to document for […]