Also known as: Rule 1.16 · MRPC 1.16 · MR 1.16 · ABA Rule 1.16
Written by attorneys · grounded in primary & secondary sources — see below
A rule of professional conduct that requires a lawyer to decline or withdraw from representation when continuing the representation will result in violation of the rules or other law. The rule also mandates withdrawal when the lawyer's physical or mental condition materially impairs the ability to represent the client. Withdrawal is further required when the client persists in seeking the lawyer's assistance to commit or further a crime or fraud after the lawyer has discussed the limitations on such assistance.
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Melanie Morris represents Matrix Technologies in employment matters. The client's CEO directs her to implement hiring policies that screen out applicants based on national origin and age. Melanie knows the directives would require her to engage in conduct she reasonably should know constitutes discrimination. She withdraws from the representation to avoid assisting the unlawful conduct.
Michelle Murphy serves as sole counsel for Magnolia Foods in a fast-moving contract dispute. She develops a progressive condition causing severe unpredictable exhaustion that leads her to miss two court deadlines and struggle during a status conference. Despite the client's offer of additional support, Michelle concludes her condition materially impairs her ability to handle the matter and files a motion to withdraw.
A lawyer must withdraw when continued representation will violate the rules or other law, when the lawyer's physical or mental condition materially impairs representation, or when the client persists in seeking assistance for crime or fraud after discussion of the limits. The rule places the duty on the lawyer to assess the facts and act to prevent complicity in unlawful conduct.
No. When continued representation would violate Rule 1.7 or other rules, the conflict is nonconsentable and withdrawal is mandatory regardless of client preference. The rule prioritizes preventing violations over client autonomy in such circumstances.
Rule 8.4(g) expressly preserves the lawyer's ability to decline or withdraw under Rule 1.16. A lawyer may therefore withdraw to avoid engaging in conduct the lawyer knows or reasonably should know constitutes harassment or discrimination in the practice of law.
Objective indicators such as missed deadlines, visible fatigue during proceedings, and inability to recall key facts can establish material impairment even if the client prefers to continue and the lawyer believes revised techniques will suffice. The progressive nature of the condition and the demands of the matter are relevant to the assessment.