You should also document the end of the attorney-client relationship in a disengagement letter addressed to the client, which must clearly communicate the termination. However, a lawyer cannot freely terminate2 the attorney-client relationship. When you are held in legal proceedings, an attorney is generally required to represent the client until its conclusion. Penberthy, Ediorio & Rayhill, 60 Misc, 2d 11, 13, 301 N, Y, S, 2d 221, 224 (Sup.
A lawyer can only end the attorney-client relationship with good cause and reasonable notice. Headline, 43 A, D, 3d 1441, 1441, 842 N, Y, S, 2d 841, 842 (September 4, 200; Mason v. MTA New York City Transit, 38 A, D, 3d 258, 832 N, Y, S, 2d 153, 154 (September 1, 200). The Florida Supreme Court has held that, in a civil case, an attorney has the right to terminate the attorney-client relationship and to withdraw with due notice to his client and the approval of the court, whose approval should rarely be withheld and only after it is determined that the withdrawal would interfere with the efficient functioning and suitable from the court.
A lawyer's ability to end an attorney-client relationship is limited by rules of professional conduct. It is not intended to create or promote an attorney-client relationship and does not constitute or should be relied upon as legal advice. If one of the events that ends the relationship as a matter of law has not occurred, then the question is whether, based on the facts of the case, the discoverer of the fact should determine that the relationship has been terminated. The Model Rules and local procedural rules contain restrictions on how a lawyer can withdraw from an attorney-client relationship.
Please note that email communications to the firm through this website do not create an attorney-client relationship between you and the firm. However, there are certain scenarios where you should seriously consider ending your attorney-client relationship. If a court requires permission for withdrawal, an attorney cannot withdraw from the attorney-client relationship without permission. Other times, the attorney-client relationship isn't perfect, but it's strong enough to do the job.
Given the Continuing Representation Doctrine, it is important to properly conduct the termination of the attorney-client relationship.
Leave a Comment