§ 776.35. Declining or terminating representation.
341 words·~2 min read·
/us/cfr/t32/s§ 776.35·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Except as stated in paragraph
(c)of this section, a covered attorney shall not represent a client or, when representation has commenced, shall seek to withdraw from the representation of a client if:
(1)The representation will result in violation of subpart B of this part or other law or regulation;
(2)The covered attorney's physical or mental condition materially impairs his or her ability to represent the client; or
(3)The covered attorney is dismissed by the client.
(b)Except as stated in paragraph
(c)of this section, a covered attorney may seek to withdraw from representing a client if withdrawal can be accomplished without material adverse effect on the interests of the client, or if:
(1)The client persists in a course of action involving the covered attorney's services that the covered attorney reasonably believes is criminal or fraudulent;
(2)The client has used the covered attorney's services to perpetrate a crime or fraud;
(3)The client insists upon pursuing an objective that the covered attorney considers repugnant or imprudent;
(4)In the case of covered non-USG attorneys, the representation will result in an unreasonable financial burden on the attorney or has been rendered unreasonably difficult by the client; or
(5)Other good cause for withdrawal exists.
(c)A covered attorney must comply with applicable law requiring notice to or permission of a tribunal when terminating a representation. When ordered to do so by a tribunal or other competent authority, a covered attorney shall continue representation notwithstanding good cause for terminating the representation.
(d)Upon termination of representation, a covered attorney shall take steps to the extent reasonably practicable to protect a client's interests, such as giving reasonable notice to the client, allowing time for assignment or employment of other counsel, and surrendering papers and property to which the client is entitled and, where a non-USG attorney provided representation, refunding any advance payment of fee that has not been earned. The covered attorney may retain papers relating to the client to the extent permitted by law.
(e)\[Reserved\]