The decision to end a representation entails a number of considerations, including both practical and ethical concerns. Depending on the nature and duration of the relationship, it can be difficult for an attorney to make the decision to part ways with a client. But in some circumstances, the decision to terminate the relationship could be in both parties’ best interests, especially if the client has become nonresponsive or has otherwise displayed problematic tendencies. At that point the risk of a legal malpractice claim or bar complaint from a disgruntled client can outweigh an attorney’s best efforts to continue the representation.
While an attorney may desire to end the relationship and move on as soon as possible, it is important to remember that ethical rules govern this process, in part to ensure that clients’ interests remain protected. Further, what is expected of attorneys withdrawing from a representation will vary. A generic but important distinction is for litigators versus transactional attorneys. Generally, litigators are required to comply with specific court rules governing withdrawal, whereas transactional attorneys may only be required to receive the client’s consent or otherwise provide them with adequate notice via written or oral correspondence.
