Must a Missouri lawyer withdraw when a medical condition prevents attendance at scheduled case events?

Plain-English summary

A medical condition prevented a lawyer from attending scheduled depositions, a pretrial hearing, and trial. Rule 4-1.16(a) requires withdrawal when a physical or mental condition materially impairs the lawyer's ability to represent the client.

The lawyer's analysis includes the condition's expected duration, the effect of a requested continuance on the client, and the possibility of involving firm lawyers or associating outside counsel. Rule 4-1.4 requires communication about the condition's limitations and enough explanation for informed client decisions.

If reasonable steps agreed upon with the client prevent material impairment, withdrawal is not required. If the client agrees to outside counsel, any fee division must satisfy Rule 4-1.5(e): proportional services or joint responsibility, client agreement confirmed in writing, and a reasonable total fee.

In practice

Under this opinion, inability to attend scheduled events triggers a material-impairment analysis, not automatic withdrawal. Duration, continuance effects, other available lawyers, and informed client decisions determine whether reasonable measures can preserve the representation.

Common questions

Q: When is withdrawal mandatory?

A: When the lawyer's physical or mental condition materially impairs the ability to represent the client.

Q: What factors does the opinion identify?

A: The expected duration, effect of a continuance on the client, and possibility of using firm lawyers or outside counsel.

Q: What must the lawyer tell the client?

A: The lawyer must explain the condition's limitations enough for informed decisions about the representation.

Q: Can reasonable accommodations avoid withdrawal?

A: Yes, if the lawyer and client determine that the steps prevent material impairment.

Q: What if outside counsel shares the fee?

A: Rule 4-1.5(e) requires proportional services or joint responsibility, the client's written-confirmed agreement to the association, and a reasonable total fee.

Background and rules framework

Rule 4-1.16(a) supplies the material-impairment test. Rule 4-1.4 governs client consultation, while Rules 4-1.0(b), 4-1.5(a), and 4-1.5(e) govern the written agreement and reasonableness requirements for an outside-counsel fee division.

Citations and references

Rules of Professional Conduct:

• Missouri Rules 4-1.0(b), 4-1.4, 4-1.5(a), 4-1.5(e), and 4-1.16(a)

See also

• ABA Formal Op. 03-429: Mentally Impaired Lawyer in the Firm
• DC Bar Ethics Op. 377: Duties When a Lawyer Is Impaired
• California Ethics Op. 2021-206: Colleague Impairment

Source

• Landing page: Missouri Informal Opinion 2020-29

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

QUESTION: Attorney has a medical condition that will prevent Attorney from conducting upcoming depositions in a pending matter, attending a pre-trial hearing, and participating in the trial on the scheduled date. Must Attorney withdraw from the representation?

ANSWER: Rule 4–1.16, Declining or Terminating Representation, requires a lawyer to withdraw from the representation if the lawyer’s physical or mental condition materially impairs the lawyer’s ability to represent the client. Rule 4–1.16(a). In determining whether withdrawal is required, Attorney should consider such factors as the expected duration of Attorney’s condition, the impact of a requested continuance on the interests of the client, and the possibility of involving other lawyers in Attorney’s firm or associating with counsel outside Attorney’s firm. Attorney must communicate with the client about the limitations imposed by Attorney’s medical condition and explain matters to the extent reasonably necessary to permit the client to make informed decisions regarding the representation. See Rule 4–1.4. If, in consultation with the client, it is determined that reasonable steps can be taken to prevent Attorney’s physical condition from materially impairing the representation, Attorney is not required to withdraw. If the client agrees to the association of additional counsel in the matter, Attorney may not divide the fee with a lawyer not in Attorney’s firm unless the requirements of Rule 4–1.5(e) are met: the division is in proportion to the services performed by each lawyer or each lawyer assumes joint responsibility for the representation; the client agrees to the association and the agreement is confirmed in writing; and the total fee is reasonable. See Rule 4–1.0(b) (defining “confirmed in writing”); see also Rule 4–1.5(a) (factors to consider in determining the reasonableness of a fee).