§4.6 - Protection of Client Interest/Mitigation of Harm to Client Upon Withdrawal

• Jurisdiction: Washington

§4.6 PROTECTION OF CLIENT INTEREST/MITIGATION OF HARM TO CLIENT UPON WITHDRAWAL

RPC 1.16(d) requires that, upon withdrawal, the lawyer take steps "to the extent reasonably practicable to protect a client's interests .... As listed in RPC 1.16, these steps include providing reasonable notice to the client, giving the client sufficient time to employ new counsel, giving the client the case file, and refunding any unearned fees. A lawyer must protect the client's interests regardless of the basis for withdrawal, and failure to do so is a basis for sanctions. See In re Disciplinary Proceeding Against DeRuiz, 152 Wn.2d 558, 573-80, 99 P.3d 881 (2004) (imposing discipline on lawyer who terminated representation without filing formal withdrawal, without notifying client or refunding unearned fees, and without ensuring client had representation); In re Disciplinary Proceeding Against Lopez, 153 Wn.2d 570, 106 P.3d 221 (2005) (imposing discipline on lawyer who failed to notify the court he was no...