What must a Connecticut lawyer send after a client discharges the lawyer and says not to contact the client again?
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This page answers the general question as of 2012. Ask about yours and see what the current Connecticut Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
A personal-injury client discharged the firm, directed it to stop all work, and requested no further contact. The lawyer sent a short letter identifying the filing deadline, explaining the client's right to obtain the file, and referring to the fee agreement and its dispute-resolution clause.
Rule 1.16(a)(3) requires withdrawal when the lawyer is discharged. Rule 1.16(d) requires reasonably practicable steps to protect the client's interests, surrender of papers and property to which the client is entitled, and written confirmation of termination before or within a reasonable time after it occurs.
The written-confirmation requirement takes precedence over the client's no-contact request. The lawyer should, however, keep the letter as brief as the rule's required and permitted information allows.
The letter must confirm that the representation ended and that the lawyer will do no further work, advise the client of the right to obtain papers and property, and include information necessary to minimize adverse consequences, such as the applicable deadline for bringing the claim. The lawyer also may remind the client about the retainer agreement and its dispute-resolution provision.
In practice
Under this opinion, the final written communication is limited to carrying out Rule 1.16(d) despite the client's request for silence. Its content turns on confirmation, file and property rights, and information needed to protect the client from consequences of termination.
Common questions
Q: Must the lawyer accept the client's discharge?
A: Yes. Rule 1.16(a)(3) requires withdrawal when the lawyer is discharged.
Q: Does a no-contact instruction eliminate the written termination notice?
A: No. The Committee says Rule 1.16(d)'s written-confirmation requirement takes precedence.
Q: What must the notice say?
A: It must confirm termination, state that the lawyer will do no further work, advise the client of the right to papers and property, and include information needed to minimize adverse consequences.
Q: May the lawyer identify a statute-of-limitations deadline?
A: Yes. The opinion gives the date by which a claim must be brought as an example of information needed to minimize adverse consequences.
Q: May the letter mention the fee agreement?
A: Yes. The lawyer may remind the former client of the retainer agreement and its dispute-resolution provision.
Background and rules framework
Rule 1.16(a)(3) requires withdrawal after discharge. Rule 1.16(d) governs protection of the client's interests, surrender of papers and property, and written confirmation of termination.
Citations and references
Connecticut Rules of Professional Conduct:
- Rules 1.16(a)(3) and 1.16(d)
Statutes:
- Connecticut General Statutes § 52-251c, contingency-fee limitations discussed in the opinion's footnote
See also
- ABA Formal Op. 471: Surrendering papers and property to a former client
- ABA Formal Op. 520: Conveying information to former or successor counsel
- CT Informal Op. 18-01: Retiring lawyer file retention
Source
- Landing page: Connecticut Bar Association Informal Ethics Opinions
- Original PDF: Informal Opinion 12-08
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