In filing a motion for leave of court to be relieved as counsel, there might exist an inherent conflict between the desire of counsel and the desire of the client. An additional conflict surrounding the attorney-client privilege may arise. Further, if there is a threat of sanctions for "frivolous" litigation, there may exist a conflict between the lawyer's self-interest and his fiduciary obligations. This article provides some insight into this delicate situation.
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PROFESSIONAL MALPRACTICE
Withdrawing as Counsel While Avoiding Conflicts of Interest
New Jersey Law Journal
January 17, 2013
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