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G. TERMINATION OF THE RELATIONSHIP

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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G. TERMINATION OF THE RELATIONSHIP

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  1. 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

  2. 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?

  3. 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?

  4. 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?

  5. (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?

  6. 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?

  7. 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

  8. 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)

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