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One of the best ways to approach this is to send an email to the inquiring client without delay. Thank them for the consideration and let them know the reasons for not being able to work with them. Be polite but direct.
Even if the matter is not pending before a tribunal, the ethics rules of most states provide that a lawyer cannot withdraw until he or she has taken reasonable steps to avoid foreseeable prejudice to the rights of his client, such as giving notice to the client, allowing time for employment of other counsel, delivering ...
(1) An attorney must file a written motion to withdraw his or her appearance. (2) The motion must fix a date for the withdrawal and must contain satisfactory evidence that the attorney provided the client with written notice of his or her intent to withdraw at least 7 days before the withdrawal date.
Every time you want to decline to represent a prospective client, you should use a non-engagement letter. Otherwise, you risk the possibility that the prospective client could mistakenly think you're their attorney on a matter.
Attorneys may withdraw from representation for the client's nonpayment subject to court approval and the specific facts and circumstances. Nonpayment of fees may constitute an unreasonable financial burden or failure to fulfill an obligation.
A solicitor is not entitled to stop acting for a client without good reason and on reasonable notice or the client's consent. This is backed up by the Solicitors' Code of Conduct 2007 (rule 2.01(2)) and, for cases going to Court (contentious business), the Solicitors Act 1974.
The first paragraph of the letter should clearly indicate that the client relationship is being terminated, note the effective date of termination and provide the status of services agreed upon in previously issued engagement letters.
Date the letter and specify when the case has concluded. The reason for the end of representation. Briefly note the reason why you will no longer be representing the client on the matter at hand?whether it's because the case has concluded or there's another reason (for example, if your practice is closing).