Defense lawyers should approach representation of a client in a criminal matter with the presumption that they are in it for the long haul. But notwithstanding the best of intentions and professional devotion, lawyers may sometimes find the need to extricate themselves from a problematic representation. This article explores some of the reasons attorneys seek to withdraw from representing a client in a federal criminal case, and the applicable law and ethical rules which govern the outcome of such requests.
The Applicable Rules
Attorney withdrawal is governed by two sets of overlapping authorities: the ethics code and the applicable local court rules. Attorneys admitted to the bar in New York must comply with Rule of Professional Conduct 1.16 (Rule 1.16), which is based extensively on its counterpart in the Model Rules of Professional Conduct.1
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