Q: Dear Ethics Lawyer, I’ve undertaken the representation of a client in a series of business dealings. It turns out that the client is simply a jerk. He treats me and others with a lack of respect, and sometimes in a demeaning manner. That said, he always eventually follows my advice, although complaining about it, and promptly pays his bills. I can’t say that he has breached any obligations of our engagement letter agreement, and he has not asked me to do anything illegal or unethical, at least yet. I just don’t like him and am tired of working with him, as is the rest of my team.
We just started a new matter, but after another one of his rants today, I’ve had enough. Can we just quit representing him and withdraw from the matter, even though he hasn’t breached any obligations or done anything legally wrong?
A: Yes, with an important caveat. Model Rule 1.16 sets forth a few things that require withdrawal of the lawyer from an attorney-client relationship, and a longer list of things that permit withdrawal. At the top of the permissive withdrawal list is subsection (b)(1) which states that a lawyer may withdraw if “withdrawal can be accomplished without material adverse effect on the interests of the client.” This does not require a reason, and ethically the lawyer can simply quit, subject to the caveat about timing – the withdrawal cannot be done if it would yield a material adverse effect for the client. In the context of a business representation, for instance, this limitation could arise if the withdrawal were attempted at a time such that it would disrupt closing of a deal or cause loss of a business opportunity.
Please examine the matter you are currently to make sure that your withdrawal at this time would not cause material adverse effect. Otherwise, you are free to withdraw.