By Robert Wenzel
When a situation arises where an individual needs an attorney, it can be difficult to determine which lawyer to choose. There are a number of factors to consider, such as cost; the issue the client is facing; and the experience of the attorney.
In some cases, a client may decide to replace their lawyer with a different counsel. However, there may be situations where an attorney may need to stop representing a specific company or individual.
There are limited instances as to when a lawyer can sever their relationship with a client. Some examples of when an attorney can recuse themselves off a case include:
1) When a client is insistent upon filing an unwarranted claim and cannot be supported by a good faith argument. It is imperative that the integrity of the legal system be upheld at all times. One way to ensure that the legal system maintains a high level of ethics is to avoid filing a lawsuit that is without merit. If a lawyer files a suit and later finds out that the case is frivolous or does not have a valid argument, then the attorney has a right to terminate their representation in the case. Lawyers need to only represent customers who have valid arguments or disputes. If a client has a claim that is meritless, it means that the attorney cannot provide competently representation.
2) If a customer insists that a lawyer pursues an illegal course of conduct. It is crucial that an attorney follow the law at all times. Failure to do so not only means that the lawyer is breaking the law that they are trying to uphold. At the same time, an attorney who chooses to do something illegal will face disciplinary action from the State Bar, up to and possibly including disbarment. When an attorney finds out that their client is doing something illegal during the course of representation, the lawyer has no choice but to remove themselves from representation.
3) When a client breaks an expense or fee agreement. An attorney performs a service for their customer. In turn, the client needs to pay for the services that they receive. If a customer does not pay for the lawyer’s expenses and/or fees, it makes it very difficult for the attorney to perform their services in an adequate manner. As a result, lawyers have an option to remove themselves from a case when the client breaches their right to pay.
4) If the client conducts themselves in a way that makes it very difficult for the attorney to carry out their employment. Most people in business have probably had a customer that was hard to deal with. One issue that may arise is when a client is not honest with their lawyer or does not disclose all of the facts concerning the alleged incident. When the attorney does not have all of the facts or cannot perform their job at the highest level, then a problem arises for all parties. A lawyer can remove themselves in this type of situation to avoid any possible problems for all parties.
5) If there is a conflict of interest. Once in a while, an attorney may have a situation where they have a legitimate conflict of interest. For example, they may have represented a client’s former business partner or spouse in a lawsuit. When there is a true conflict between the lawyer and the customer, the attorney must remove themselves from the case. This ensures that the client receives the highest level of representation. At the same time, the lawyer makes sure that they do not face any malpractice claims for overlooking the conflict.
When an attorney removes themselves from representing a client, there is a process that they need to follow. First, the lawyer needs to fill out a substitution of attorney form (sometimes referred to as a “Motion to Be Relieved as Counsel”). The document needs to include the reason why the attorney is removing themselves from the case. Once the form is completed, it needs to be filed with the court. The judge in the trial also needs to be informed of the change of lawyers. Finally, the client would need to find new representation.
If an individual encounters a situation that requires an attorney, it is crucial that the customer is honest and upfront with their attorney at all times. Doing so helps to build a level of trust between both sides and ensures that the lawyer will be able to provide adequate advice. In addition, the attorney will be able to advise their client about all possible scenarios that may arise in the case. Building a strong relationship will also allow the lawyer to provide the highest level of service.
Lastly, if there are any issues that arise, the attorney will be able to advise the customer up-front of any problems. This scenario would let the client to find new representation as quickly as possible.