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Anthony E. Davis

There have been interesting developments on the topics addressed in the two most recent articles in this column. In January we discussed “Withdrawing From ‘Problem’ Clients—Consider a New Year’s Resolution” (N.Y.L.J., Jan. 8, 2018). We focused on the circumstances when withdrawal is permitted under New York’s Rules of Professional Conduct (RPC) 1.16, and on two recent cases that each demonstrated the importance of clarity in lawyers’ communications with their clients if they are seeking to end representation. Then on January 29, the New York State Bar Association Committee on Professional Ethics issued Formal Opinion 1144 on the subject of Communications with Client; Withdrawal from Representation of Difficult Client (Opinion 1144). Opinion 1144 is significant because it focuses on communications between lawyers and clients before withdrawal becomes appropriate.

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