Also known as:insist · insists · insisted · insisting · insistence
Written by attorneys · grounded in primary & secondary sources — see below
A demand by a client that a lawyer take action the lawyer views as repugnant or with which the lawyer fundamentally disagrees. This demand permits the lawyer to withdraw from the representation under professional conduct rules.
Sources & Authorities
How it applies
Common Examples
6
Client Demands Repugnant Litigation Tactic
Ira Irving directs his lawyer to file a pleading containing false statements about an opponent to gain leverage in a contract dispute. The lawyer considers the tactic repugnant and notifies Ira that representation will end if the demand stands. Withdrawal follows because the client's insistence triggers the ethical permission to terminate the relationship.
Client Insists on Frivolous Filing
Client Carla Crane insists her lawyer file a baseless sanctions motion against the opposing party to harass them in a commercial case. The lawyer views the filing as repugnant and warns that continued insistence will end the representation. Withdrawal is permitted once the demand persists.
Select any source to read its text and confirm it supports the definition.
Cases
Uniform Acts
Model Codes
Restatements
Dictionaries
Client Dan Doyle insists his lawyer seek repeated continuances solely to wear down a financially weaker opponent in a contract suit. The lawyer finds the strategy fundamentally objectionable and states that representation will cease. The insistence authorizes withdrawal under the ethics rule.
Client Insists on False Affidavit
Client Fiona Frost insists her lawyer prepare an affidavit containing statements the lawyer knows are untrue to support a summary-judgment motion. The lawyer deems the request repugnant and notifies Fiona that the relationship will terminate. Withdrawal follows under the applicable conduct rule.
Client Greg Grant insists his lawyer represent him in a matter directly adverse to a former client without consent. The lawyer considers the demand fundamentally disagreeable and advises that representation will end. The insistence triggers permissive withdrawal.
Client Insists on Illegal Billing Practice
Client Helen Hayes insists her lawyer inflate time entries on invoices to increase fees in a pending litigation matter. The lawyer views the request as repugnant and states that the representation will conclude if the demand continues. Withdrawal is allowed by the professional conduct rule.
Common questions
Frequently Asked
3
When does a client's insistence permit lawyer withdrawal?+
A client's insistence on action the lawyer finds repugnant or fundamentally disagreeable permits withdrawal under Model Rule 1.16(b)(4). The rule protects the lawyer from compelled participation in conduct the lawyer cannot ethically endorse.
Supporting sources
Does an in-house lawyer's insistence on ethical compliance support a retaliatory discharge claim?+
Some jurisdictions recognize claims when an in-house lawyer is penalized for insisting on legal and ethical compliance. Other jurisdictions hold that professional responsibility rules and withdrawal duties adequately protect public policy without creating a damages action.
Supporting sources
How does client insistence interact with organizational representation duties?+
When the highest authority in an organization insists on or fails to address a clear legal violation, the lawyer may take further action including disclosure or withdrawal under Rule 1.13(c)(1).
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…cases affecting ambassadors and where a state is a party; in all other cases it shall have appellate jurisdiction. It has been insisted that Congress may give original jurisdiction to the Supreme Court in other cases than those specified. But if the Constitution intended to leave it to the legislature to apportion the…