QUESTION:  Attorney represents client in a criminal case.  Client fires Attorney.  Attorney explains this to the judge.  The judge refuses to permit Attorney to withdraw.  Is Attorney’s withdrawal mandatory pursuant to Rule 4-1.16(a)(3)?

ANSWER:  Rule 4-1.16(c) states: A lawyer must comply with applicable law requiring notice to or permission of a tribunal when terminating a representation unless the lawyer has filed a notice of termination of limited appearance.  Except when such notice is filed, a lawyer shall continue representation when ordered to do so by a tribunal notwithstanding good cause for terminating the representation.

Therefore, if the judge refuses to allow Attorney to withdraw, Attorney must continue representation or seek review of the judge’s decision by a higher court.

Informal Opinions are ethics advisory opinions issued by the Office of Legal Ethics Counsel to members of the Bar about Rule 4 (Rules of Professional Conduct), Rule 5 (Complaints and Proceedings Thereon), and Rule 6 (Fees to Practice Law) pursuant to Missouri Supreme Court Rule 5.30(c). Written summaries of select Informal Opinions are published for informational purposes as determined by the Advisory Committee of the Supreme Court of Missouri pursuant to Rule 5.30(c). Informal opinion summaries are advisory in nature and are not binding. These opinions are published as an educational service and do not constitute legal advice.

To request an Informal Opinion, please visit: http://mo-legal-ethics.org/for lawyers/requesting-an-informal-advisory-opinion/.

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