I am an attorney in a small firm and a client is discharging me in a case in litigation. When do I have to turn over the file to the new attorney and how do I protect my outstanding legal fees? Further, if the client asked me to return the file, can I withhold the file until outstanding legal fees are paid?
It is always frustrating to be discharged by a client, particularly if one is doing a good job. But under Rule 1.16 of the Rules of Professional Conduct, the client has an absolute right to discharge the lawyer and the lawyer then must abide by the client's wishes. But if the case is in litigation, the lawyer must remain as counsel unless and until the court allows the lawyer to withdraw. The lawyer should petition to withdraw based on the client's request. Until the court grants the withdrawal, the lawyer must continue as counsel and protect the client's interests.
