Through the right client intake procedures, most incompatible clients can be avoided. However, on occasion, irreconcilable differences can pop up and with irreconcilable differences come risks of withdrawing from a case.
If you need to withdraw from a case, it is critical to attempt to minimize the possible adverse effect on the rights of the client and the possibility of prejudice to the client. The manner and means of terminating a relationship can affect the likelihood a malpractice claim will be filed.
Considerations when Withdrawing from a Case
Even when a withdrawal is justifiable, a lawyer should:
- Give due notice of withdrawal
- Suggest engaging other counsel
- Deliver all papers and property to which the client is entitled
- Cooperate with counsel subsequently employed
- Attempt to minimize the possibility of harm to the client