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Whether your attorney always goes by the book or acts like they skipped every ethics class in law school, trust and confidentiality are extremely important to the attorney-client relationship. The sensitive information you share also makes it tough to replace your lawyer if they quit. However, while it’s often ideal to have the same attorney represent you from the beginning to the end of litigation and appeals, it’s not always possible or even smart.
The Rules of Professional Responsibility encourage attorneys to work with clients until their legal matter is completely resolved. However, the rules also recognize that it’s not always in the client’s best interest to require the attorney to stay on. Therefore, there are situations when you should get new lawyer.
In general, it’s much easier for you to fire your attorney than for your attorney to drop you as a client. But an attorney can withdraw if it won’t have a large, negative impact on you, the client, or if the attorney has a compelling reason. It’s not enough that the two of you simply disagree about something minor during litigation.
If your lawyer does withdraw from the case, he or she must inform you and the court. However, the court may refuse an attorney’s request and order him or her to continue to represent you.
There are also certain situations when your lawyer can quit even if it’s not in your own best interest. For example, if your attorney has advised you not to do something criminal but you insist on doing it anyway, he or she may withdraw from the case. An attorney may also withdraw if you insist on acting in a way that he or she finds morally repugnant or fundamentally disagreeable. Similarly, the attorney may withdraw if you’ve used their services to commit a crime or a fraud.
These exceptions exist so that the attorney can continue to uphold the law and provide adequate representation. If your lawyer fundamentally disagrees with you, then it’s unlikely that he or she will represent you as zealously as they should.
Your lawyer can also drop you as a client if you fail to pay your legal bills. However, he or she must give you reasonable warnings and opportunities to pay your bills first. Further, if you’re unreasonably difficult or you refuse to cooperate during litigation, then your attorney may withdraw from the case.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified litigation and appeals lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local litigation and appeals attorney to discuss your specific legal situation.