Also known as: Model Rule 1.16 · Rule 1.16 · declining or terminating representation
Written by attorneys · grounded in primary & secondary sources — see below
A rule of professional conduct governing when a lawyer must decline or withdraw from representation. The rule is expressly preserved as a basis for withdrawal by the anti-harassment provision of Rule 8.4(g).
Mustafa Mahmoud represents a corporate client whose executives repeatedly direct him to exclude job candidates based on national origin during hiring consultations. After reviewing internal directives that confirm the discriminatory intent, Mustafa concludes that continued work would assist unlawful conduct. He files a motion to withdraw, citing the need to avoid complicity in prohibited practices.
Maria Morales serves as sole counsel in an injunction hearing scheduled in ten days. Her progressive illness has already caused missed filing deadlines and visible fatigue during a status conference where she struggled to recall key facts. Despite the client's offer of additional associates, Maria determines that her condition prevents effective advocacy and moves to withdraw before the hearing.
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A lawyer must withdraw when continuing the representation will result in a violation of the rules of professional conduct or other law. This duty arises once the lawyer knows facts showing that services would advance unlawful client conduct, such as fraud or quota evasion through false documents.
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No. When a lawyer's physical or mental condition materially impairs representation, withdrawal is required regardless of client preference. Objective evidence such as missed deadlines and inability to prepare adequately triggers the duty even if the client offers support staff.
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Withdrawal is required when the client persists in using the lawyer's services for fraud after the lawyer has discussed the limits on assistance. Direct evidence of intent to submit forged documents or present a staged claim as legitimate satisfies the standard even in pre-suit negotiations.
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When a direct conflict between current clients becomes nonconsentable because the lawyer cannot competently represent both, the lawyer must withdraw from at least one representation. Client waivers cannot cure the violation of loyalty and independent judgment.
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