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1.16: Declining or Terminating Representation

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34 Questions

When can a lawyer withdraw from representing a client?

If the client persists in a criminal or fraudulent course of action

Under what circumstances can a lawyer withdraw without material adverse effects on the client's interests?

If the client insists on actions considered repugnant by the lawyer

What is a valid reason for a lawyer to terminate representation according to Rule 1.16?

The lawyer's physical or mental condition impairs their ability to represent the client

In what situation can a lawyer terminate representation based on financial reasons?

If continuing representation poses an unreasonable financial burden on the lawyer

When can a lawyer withdraw if a client uses their services to perpetrate a crime or fraud?

When other good cause for withdrawal exists

Under what conditions can a lawyer withdraw without negatively affecting a client's interests?

When continuing representation involves criminal or fraudulent conduct by the client

What is a lawyer required to do if a client demands that the lawyer engage in conduct that is illegal or violates the Rules of Professional Conduct?

Decline or withdraw from the representation.

When ordered by a tribunal to continue representation, what must a lawyer do?

Continue representation regardless of good cause for termination.

Under what circumstance is a lawyer not obliged to decline or withdraw from representation?

If the client suggests illegal conduct.

What should a lawyer do upon termination of representation to protect the client's interests?

Surrender papers and property to which the client is entitled.

What indicates that a representation in a matter is ordinarily completed?

When the agreed-upon assistance has been concluded.

What should a lawyer consider before accepting representation?

Whether it can be performed competently and without improper conflict of interest.

In which situation is a lawyer justified to withdraw from representation as per the text?

If the client refuses to abide by the terms of an agreement relating to the representation.

Under what circumstances can a lawyer withdraw without having to be associated with criminal or fraudulent conduct?

If withdrawal would materially prejudice the client due to past misuse of services.

When is a lawyer not required to associate with a client's conduct even if they do not further it?

Misuse of the lawyer's past services by the client.

What action may a lawyer take if a severely incapacitated client is about to discharge them?

Seek protective action and help the client consider consequences.

If a client insists that the lawyer engage in conduct that is illegal, when should the lawyer decline or withdraw from representation?

Immediately upon the client's insistence.

In the context of a client suggesting fraudulent actions, why might a lawyer still consider continuing representation?

To protect the client's interests by guiding them away from the suggestion.

When facing financial burden due to representation, under what circumstances can a lawyer terminate representation?

If continuing would result in undue financial strain on the lawyer.

What is a crucial step a lawyer must take upon termination of representation to protect a client's interests?

Hand over all papers and property to the client right away.

If a lawyer fails to fulfill their obligations as outlined in Rule 1.16, what could be a consequence?

The lawyer may face disciplinary action.

When a lawyer declines or withdraws from representation based on illegal conduct demanded by the client, what should be the primary concern?

Protecting the client's rights and preventing harm.

In what situation can a lawyer withdraw from representing a client as per Rule 1.16?

The client insists on taking actions that are criminal or fraudulent.

When can a lawyer withdraw from representing a client without negatively affecting the client's interests?

If there is good cause for withdrawal.

What may lead a lawyer to terminate representation due to unreasonable financial burden?

Client causing undue financial strain on the lawyer.

Under what circumstances can a lawyer be justified in withdrawing if a client persists in actions that are repugnant to the lawyer?

The client insists on criminal or fraudulent activities.

When is a lawyer allowed to terminate representation if a client has used the lawyer's services to perpetrate a crime or fraud?

When there is good cause for withdrawal.

What could lead to a lawyer terminating representation based on the failure of a client to fulfill their obligations?

Client persisting in actions the lawyer considers repugnant.

When is a lawyer justified to withdraw from representation if the client insists on taking actions that the lawyer finds repugnant?

When the client persistently engages in criminal or fraudulent actions.

Under what circumstance can a lawyer terminate representation based on financial reasons?

The lawyer incurs excessive court costs.

What should a lawyer consider before terminating representation to protect the client's interests?

The consequences for the client and taking necessary protective action.

In what situation is a lawyer not obliged to decline or withdraw from representation?

When the lawyer reasonably believes the client is involved in criminal or fraudulent conduct.

What action may a lawyer take if a severely incapacitated client is about to discharge them and it may be seriously adverse to the client's interests?

The lawyer should help the client consider consequences and take necessary protective action.

When can a lawyer withdraw from representing a client according to Rule 1.16?

When the lawyer reasonably believes that the client persists in criminal or fraudulent actions.

This quiz covers the ethical requirements for lawyers when terminating a representation, including giving notice to the client and allowing time for employment of other counsel. It also addresses the obligation to continue representation if ordered to do so by a tribunal.

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