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MRPC 1.16 (addressed to lawyer!): structure (a) Mandatory withdrawal (or prohibited acceptance) (b) Permissive withdrawal ( i ) w/o material adverse effect on client interests, or (ii) enumerated causes (2-6), or (iii) other “good cause” Conditions imposed by other law

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withdrawal

MRPC 1.16 (addressed to lawyer!): structure

(a) Mandatory withdrawal (or prohibited acceptance)

(b) Permissive withdrawal

(i) w/o material adverse effect on client interests, or

(ii) enumerated causes (2-6), or

(iii) other “good cause”

Conditions imposed by other law

remaining obligations

WITHDRAWAL

G. TERMINATION OF THE RELATIONSHIP

problem p 297
Problem p. 297
  • P.i. client, 40% contingent fee, negotiation w/ D
    • D makes settlement offer $75K; you consider it reasonable, C rejects out of hand, you believe it’s far better than C can get at trial
      • what are your options?
        • any more room for discussion with C?
        • Do you have a basis for withdrawal?
        • If you withdraw, do you have a claim for a fee?
problem p 297 c t d
Problem p. 297 c’t’d
  • Same K, C suggests 2 “eyewitnesses”, you have interviewed them and you are certain they weren’t there, but C insists.
    • you “immediately withdraw” – have you acted properly?
      • do you have a basis for withdrawal?
      • how do you go about doing that?
      • do you have an option besides withdrawal?
problem p 297 c t d1
Problem p. 297 c’t’d
  • Same C, different K: $175/hr, billed monthly; 2 mos. billing, $6900, C hasn’t paid, promises to pay “soon”
    • Can you withdraw?
    • Should you withdraw? What do you take into account in deciding that?
    • How do you go about doing it, if you do it?
2 discharge
(2) Discharge

Problem p. 211

  • You have represented C for years in defense of a p.i. claim; judge at pretrial conf. suggests a settlement at $200K; you think (correctly!) this is reasonable and recommend it to C’s BoD; BoD fires you
    • what is the immediate effect of discharge?
    • are you entitled to a fee? How much?
      • 150 hrs. expended, “normal fee” is $250/hr
      • what, if any, was your fee agreement w/ C?
      • did C have cause to fire you? What difference does that make?
problem p 211 c t d
Problem p. 211 c’t’d
  • When are you entitled to receive the fee?
    • upon discharge?
    • after case is completed?
    • Compare Somuah, p. 212, and AFLAC, n. 1 p. 218
      • had you agreed to a fee contingent on the outcome?
      • if not, are you claiming the right to recover for the fees you would have earned if you had completed the case?
discharge c t d
Discharge c’t’d
  • Your brother is a partner of P’s attorney, and you though you were doing him a favor in negotiating; you withdraw w/ C’s consent.
    • Are you entitled to a fee for services rendered? If you have already been paid in part, can you keep that money?
  • Assume you’re full-time employed “house counsel” for the corp. under long-term K w/ good cause requirement. Can you still be fired as in Q. (a)? N. 5 p. 222
attorneys liens n 8 p 224
Attorneys’Liens, n. 8 p. 224
  • “Charging lien”: in the case of litigation, the subject matter of the litigation or its proceeds
    • governed by statute in most jurs. (incl. MO)
    • attaches upon commencement of action or filing of counterclaim
    • if L has contingent fee, lien letter to opposing party disclosing fact of CF and %, makes lien enforceable against that party if “deforced” by settlement w/o L’s consent
  • “Retaining lien”
    • attaches to prop. of C in L’s possession
    • right to retain until fee is paid
    • disapproved by Restatement, California (case law), and Missouri (ethics opinion)