When Can an Attorney Withdraw in the Middle of a Case?
By Neil Goodman
When an attorney withdraws in the middle of a client’s case, that withdrawal is usually categorized as either “mandatory” or “voluntary.” In this article, we’ll explain the difference between these two processes, along with some examples of each. Keep in mind that with either type of withdrawal, the attorney usually needs to ask for and obtain the court’s permission before ending representation of one of the parties in a civil lawsuit in the middle of the case.
An Attorney’s Mandatory Withdrawal
If the circumstances require that the attorney withdraw from representation, the withdrawal is considered mandatory. Situations that could give rise to an attorney’s mandatory withdrawal from a case include:
the attorney is not competent to continue the representation
the attorney becomes a crucial witness on a contested issue in the case
the attorney discovers that the client is using his services to advance a criminal enterprise
the client is insisting on pursuit of a frivolous position in the case
the attorney has a conflict of interest or cannot otherwise continue representation without violating the rules of professional conduct, and
the client terminates the attorney’s services. (Learn more: How to Fire Your Attorney.)
An Attorney’s Voluntary Withdrawal
Where the circumstances permit, but do not require, the attorney to cease representation, the withdrawal is considered voluntary.The circumstances under which an attorney may withdraw mid-case include:
the client is refusing to pay the attorney for his or her services in violation of their fee agreement
the client is refusing to follow the attorney’s advice
the client is engaged in fraudulent conduct, and
there has been a breakdown in the attorney-client relationship that prevents the attorney from effectively representing the client in the case.
Even where withdrawal is mandatory, an attorney must first seek and obtain the court’s permission before ending representation in the middle of a case. And, in most situations where the withdrawal request is granted, the court will give the client a reasonable amount of time to find new counsel. [end]
IMHO, if the attorney does not believe in the case he is presenting he will not be effective unless he is a really good actor. So the lawyer just goes through the motions. Of course, it may well be that the indigent client wants to go back inside where he will get free room and board. However, if the client is mentally defective I would think that the lawyer’s job would be easier as that is a strong defense.