An attorney represented a wife in a child custody matter. The attorney worked on the case for several months and billed for his time against the retainer paid by the wife. When the retainer was depleted, the attorney asked the wife to replenish the retainer, but the wife stated she did not have the money to do so. The attorney then told the wife that he was immediately withdrawing from the representation and sent her a letter confirming his withdrawal. Is the attorney subject to discipline for his immediate withdrawal?
Explanation
Answer: A - Yes, because he did not take steps to protect the client’s interests. “Upon termination of a representation, a lawyer shall take steps to the extent reasonably practicable to protect a client’s interests, such as giving reasonable notice to the client, [and] allowing time for employment of other counsel.” Model Rule 1.16(d). Answer A is the best choice because the immediate termination did not protect the client’s interests. Answers B, C, and D are all not the best choice because none of them is a correct statement.
