Sometimes situations arise during the course of a legal representation for which the safest and best decision an attorney can make is to terminate the attorney-client relationship. Knowing how and when to do so may not only prevent further deterioration of the relationship, but it may even help reduce the risk of a bar complaint or legal malpractice claim.
In seeking to end a representation or withdraw as counsel of record, attorneys should be aware that the practical steps of withdrawal usually vary somewhat between litigation and nonlitigation matters. For example, for litigation matters in many jurisdictions, the court is required to approve the withdrawal, subject to satisfaction of various notice and filing requirements. By contrast, in nonlitigation matters, withdrawal may often be achieved by asking for and receiving the client’s consent or even by simply terminating the relationship by letter.
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