Office of Bar Counsel

• Citation: Vol. 47 No. 1 Pg. 10
• Publication year: 2024
• Pages: 10

Office of Bar Counsel Vol. 47 No. 1 Pg. 10 Wyoming Bar Journal February 2024

Mark W. Gifford

Mark Gifford is Bar Counsel for the Wyoming State Bar.

Withdrawing from Representation: A Right Way and a Wrong Way to Do It

A frequent subject of Ethics Hotline calls is withdrawing from representation pursuant to Rule 1.16, W.R.Prof.Cond. Often, callers want to know how much they can or should tell the court when seeking leave to withdraw. Most lawyers recognize the perils that may arise when confidential information about the attorney-client relationship is included in a motion to withdraw. As discussed below, a recent disciplinary order from the Wyoming Supreme Court spotlights the wrong way to seek leave to withdraw.

As a starting point, Rule 1.16(a) addresses situations in which a lawyer must terminate representation (the representation will result in violation of the rules of professional conduct or other law; the lawyer is physically or mentally incapable of continuing; or the lawyer has been discharged).

Rule 1.16(b) describes factors which may justify termination of representation, e.g., the client is using the lawyer's services to perpetrate a crime; the client insists on taking a course with which the lawyer has a fundamental disagreement; or the representation will impose an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client.

Whichever path is chosen, if withdrawal is sought in a litigation matter, permission to withdraw must be obtained from the court. For cases in state district court, Uniform District Court Rule 102(c) (applicable by incorporation in circuit court actions) provides:

Counsel will not be permitted to withdraw from a case except upon court order. Except in the case of extraordinary circumstances, the court shall condition withdrawal of counsel upon the substitution of other counsel by written appearance. In the alternative, the court shall allow withdrawal upon a statement submitted by the client acknowledging the withdrawal of counsel for the client, and stating a desire to proceed pro se. An attorney who has entered a limited entry of appearance shall be deemed to have withdrawn when the attorney has fulfilled the duties of the limited entry of appearance.

Clearly, the language of Uniform District Court Rule 102(c) creates a tension in circumstances in which the lawyer must withdraw from the case pursuant to Rule 1.16(a) but the court declines...