Breaking Up (with clients) Is Hard To Do, Daily Journal, by Louie Castoria
Article By Louie Castoria, Esq.
August 7, 2015
Breaking up is hard to do, as observer Neil Sedaka tunefully commented, but sometimes it’s better than allowing a failed attorney-client relationship to fester into an even bigger problem.
To mix musical metaphors, you gotta know when to hold ’em, know when to fold ’em, know when to walk way, and know when to run.
Some disengagements aren’t matters of choice. Rule 3-700 (A) of the California Rules of Professional Conduct requires that an attorney withdraw from representation when he or she knows or should know that the client lacks probable cause and is out to harass or maliciously injure someone, or when continuing the professional relationship will violate the rules or the State Bar Act. (ABA Model Rule 1.16 is the equivalent provision, followed in the 50 other jurisdictions that have adopted the Model Rules.)