Section 1.31 Good Faith and Prudence

• Library: App Ct Prac 2015 Supp

A. (§1.31) Good Faith and Prudence

Rule 4–1.16(a) requires a lawyer to withdraw from, or to refuse, an appeal if the representation will result in a violation of the Rules of Professional Conduct (unless a court orders the lawyer to continue).

Rule 4–1.16(b) allows the lawyer to withdraw from an appeal if the “withdrawal can be accomplished without [a] material adverse effect on the interests of the client.” Rule 4–1.16(b)(3) allows the lawyer to withdraw from, or to refuse, an appeal if the client “insists upon pursuing an objective that the lawyer considers repugnant or imprudent.” Appealing so as to harass the opponent would be a repugnant objective. Lee Ann Pizzimenti, Note...