MBE Rules · Professional Responsibility

Withdrawal from Representation

Cal. Rules of Prof. Conduct 1.16

The rule

A lawyer shall not represent, or shall withdraw from representing, a client if the representation will violate the Rules of Professional Conduct or law, if the lawyer's health impairs competent representation, or if the client discharges the lawyer. Permissive withdrawal is allowed on specified grounds, subject to tribunal permission when required.

In plain English

A lawyer must stop representing a client if continuing would break professional rules or laws, if their health affects their ability to represent competently, or if the client decides to fire them. In some cases, a lawyer can choose to withdraw but may need permission from the court.

Worked example

Attorney Smith is representing a client in a criminal case but realizes that their health condition prevents them from providing effective representation. Smith decides to withdraw from the case, and the court grants permission for the withdrawal. As a result, the client must find a new attorney to continue their defense.

Memory hook

If you can't represent competently, it's time to exit the courtroom.

The trap

Exams may present scenarios where a lawyer feels conflicted but does not recognize that health issues or ethical violations necessitate withdrawal, leading to incorrect answers.

How examiners test it

Questions often involve fact patterns where a lawyer faces a dilemma about continuing representation, testing the candidate's understanding of the conditions for mandatory and permissive withdrawal.

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