Louisiana Notice from Attorney Terminating Attorney-Client Relationship

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Multi-State
Control #:
US-02607BG
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Word; 
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Description

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.


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FAQ

If the wishes are proper and lawful, the attorney cannot simply ignore them. To do so may constitute malpractice, particularly if doing so will result in the loss of rights or benefits to the client.

While an attorney doesn't have to give a client a reason to refuse a case, there could be any number of reasons that they would. A few could include: Client's lack of necessary finances for the case's complexity. Conflict of interest with client or opposing client/counsel.

The lawyer should send a disengagement letter to establish that the relationship is no longer continuing, and to refer the client to another lawyer.

Generally speaking, a lawyer may request a withdrawal of representation at any time, for any reason, if the matter involves a case filed in a court of law. If there is no case filed, the attorney may unilaterally end the relationship at any time, for any reason.

Tips on how to write a lawyer termination letter Always terminate the relationship in writing. Even if you fire your attorney in a verbal exchange, you should follow up by sending a written termination letter. ... Get to the point. ... Be firm. ... Be polite. ... Ask for a copy of your case file.

Rule 1.16 - Declining or Terminating Representation (a) Except as stated in paragraph (c), a lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if: (1) the representation will result in violation of the rules of professional conduct or other ...

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 ...

An attorney may also withdraw if you insist on acting in a way that he or she finds morally repugnant or fundamentally disagreeable. Similarly, the attorney may withdraw if you've used their services to commit a crime or a fraud.

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Louisiana Notice from Attorney Terminating Attorney-Client Relationship