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.
January 17, 2013 at 02:38 PM
1 minute read
There are times during the representation of a client in a pending matter that an attorney can or even must withdraw as counsel.
Prior to litigation, the ideal path is less complex a simple letter combined with a telephone call seems to suffice, provided termination of representation does not materially adversely affect the interest of the client.
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