Also known as: materially impairs · materially impaired · materially impairing · material impairment
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An ethical obligation requiring a lawyer to withdraw from representation when a physical or mental condition substantially hinders the lawyer's capacity to provide competent and diligent service to the client. The rule focuses on whether the condition actually undermines performance in the specific matter rather than the mere existence of a diagnosis or client consent to continue.
An ethical obligation requiring a lawyer to withdraw from representation when a physical or mental condition substantially hinders the lawyer's capacity to provide competent and diligent service to the client. The rule focuses on whether the condition actually undermines performance in the specific matter rather than the mere existence of a diagnosis or client consent to continue.
Select any source to read its text and confirm it supports the definition.
A limitation on assignment of contractual rights that renders an assignment ineffective when substituting the assignee would substantially alter the obligor's duties, increase the burden or risk, impair the chance of obtaining return performance, or reduce the value of expected performance.
Select any source to read its text and confirm it supports the definition.
A limitation on assignment of contractual rights that renders an assignment ineffective when substituting the assignee would substantially alter the obligor's duties, increase the burden or risk, impair the chance of obtaining return performance, or reduce the value of expected performance.
Each sense below has its own examples, sources, and questions.
Ariana, a legal aid lawyer, developed early-onset dementia that caused her to misfile pleadings repeatedly and fail to raise key defenses at two hearings. Her supervisor assigned paralegels to review her work, but the errors continued in active tenant cases. Because her condition substantially hindered competent representation, she was required to withdraw from the matters.
No. The rule requires withdrawal whenever the lawyer's physical or mental condition materially impairs the ability to represent the client. Client consent or satisfaction does not override the mandatory duty to withdraw.
Supporting sources
Repeated failures such as missed deadlines, inability to prepare for hearings, or overlooking critical case details demonstrate material impairment. These concrete performance shortfalls, rather than a diagnosis alone, trigger the withdrawal obligation.
Supporting sources
Withdrawal is required only when the impairment remains material despite accommodations. If staff support and technology fully preserve competent performance, the rule does not compel withdrawal.
Supporting sources
Ridge Builders assigned its right to receive milestone payments from the City of Fairmont to Apex Capital. Apex then imposed strict documentation requirements and late-payment penalties that were not part of the original contract. The added obligations substantially increased the city's administrative burden and financial risk, rendering the assignment ineffective against the city.
TechStart assigned its right to receive progress payments under a software development contract with Metro Hospital to FinanceCo. FinanceCo immediately demanded weekly status reports and imposed new audit rights absent from the original agreement. These changes materially increased Metro's administrative burden and risk, so the assignment was ineffective as to Metro.
Yes. An assignment is ineffective if it materially changes the obligor's duty or increases the burden or risk beyond the original contract terms. Added documentation requirements and penalties imposed by the assignee on the assignor can produce this material change.
Supporting sources
…it. The lower court, and counsel for the appellees in their argument here, frankly admitted that the statute does constitute a material impairment of the contract, but contended that such legislation is brought within the state power by the present emergency. If I understand the opinion just delivered, this court is not wholly in…