If a client files an allegation against a lawyer while the lawyer is still acting for the client, it may affect the lawyer-client relationship. The filing of an allegation, however, does not sever the lawyer-client relationship and the lawyer’s duty of loyalty prevails. Section 3.7-1 of the Code of Professional Conduct states that a lawyer must not withdraw from representation of a client except for good cause and on reasonable notice to the client. The first commentary under that rule notes as follows:
“Although the client has the right to terminate the lawyer-client relationship at will, a lawyer does not enjoy the same freedom of action. Having undertaken the representation of a client, the lawyer should complete the task as ably as possible unless there is justifiable cause for terminating the relationship. It is inappropriate for a lawyer to withdraw on capricious or arbitrary grounds.”
The Code of Professional Conduct also provides information on when a lawyer can withdraw services:
Section 3.7-7 sets out when a lawyer must withdraw his or her services. Further guidance with respect to withdrawing legal services can be found in rule 23 of the Rules of the Supreme Court, 1986.
Links:
Withdrawal from Representation: section 3.7 (Code of Professional Conduct)
Change of Solicitor: rule 23 (Rules of the Supreme Court, 1986)
Related Topics:
(Posted: June 12, 2020)