A lawyer may withdraw from representing a client so long as it can be accomplished without material adverse effect on the client's interests. Specific grounds that may require termination of the relationship by the attorney include, but are not limited to:
" a client's persistent criminal and fraudulent activity;
" the use of the lawyer's services to perpetuate a crime or fraud;
" a client's actions that the attorney considers repugnant or imprudent;
" a client's failure to fulfill a substantial financial or other obligation that the attorney has previously warned the client could lead to attorney withdrawal; or
" an irreparable breakdown of the attorney-client relationship due to the client's difficult behavior.
Of course, if the matter handled by the attorney is in litigation, the attorney must seek the entry of an order permitting his withdrawal or substitution of other counsel.
An attorney has an obligation when he terminates the relationship to allow
reasonable time to secure other counsel, to return all of the client's papers and
property, and to refund all fees and costs not earned by the attorney.
Title: Florida Notice from Attorney Terminating Attorney-Client Relationship: Types, Guidelines, and Process Explained Introduction: If you find yourself in a situation where an attorney-client relationship needs to be terminated in Florida, it is essential to follow the proper steps to ensure a smooth transition. In this article, we will provide a detailed description of what a Florida Notice from an Attorney terminating the Attorney-Client Relationship entails, including various types and the guidelines to be followed. 1. Types of Florida Notice from Attorney Terminating Attorney-Client Relationship: a. Voluntary Termination: This type of termination occurs when an attorney decides to withdraw from representing their client voluntarily. It can often happen due to a potential conflict of interest, non-payment of fees, or a breakdown in the attorney-client relationship. b. Involuntary Termination: In certain situations, a client may request that their attorney be terminated against the attorney's will. This could be due to a lack of communication, incompetence, or a legitimate concern for their legal representation. 2. Guidelines for Florida Notices from Attorney Terminating Attorney-Client Relationship: a. Proper Written Notice: Florida law mandates that attorneys provide written notice to their clients when terminating the attorney-client relationship. The notice should clearly state the reasons for the termination and inform the client about their right to seek new legal representation. b. Reasonable Time Frame: While Florida law does not specify a specific time frame for providing notice, attorneys are expected to provide a reasonable amount of time for the clients to secure alternative representation. Typically, providing a notice of at least 30 days is considered appropriate. c. Confidentiality and Professional Obligations: Even after the termination of the attorney-client relationship, attorneys must continue to maintain confidentiality and uphold their professional obligations, such as protecting the client's privileged information. d. Disposition of Client Files and Property: Attorneys terminating the relationship are responsible for returning all client files, documents, and any property belonging to the client promptly. It is vital to discuss the process for transferring these items with the client to ensure a smooth transition. 3. The Process of Florida Notice from Attorney Terminating Attorney-Client Relationship: a. Drafting the Notice: Attorneys must draft a formal notice letter addressing the client and explaining the termination comprehensively. It should include the reason for termination, the effective date, and provide the necessary instructions and information for finding new legal representation. b. Sending the Notice: The notice should be sent to the client through certified mail, registered mail, or any reliable means that provide proof of delivery. This ensures that there is documented evidence of the notice being sent. c. Client Communication: It is crucial for attorneys to communicate directly with the client to discuss the notice, answer any questions, and address concerns promptly. This open line of communication can help maintain a positive professional relationship despite the termination. Conclusion: Terminating an attorney-client relationship in Florida requires adherence to specific guidelines and processes. By understanding the types of termination notices available, following the proper guidelines, and adhering to professional obligations, both attorneys and clients can navigate this transition smoothly and professionally.
