Could defense counsel seek withdrawal when a client refused to cooperate or disappeared after missing court?

Plain-English summary

The first scenario involved a criminal client who would not communicate or help with the defense after a warning that counsel would seek withdrawal. The second involved a client who missed court, drew a warrant, and then had no contact with counsel for weeks or months.

The opinion answered yes to moving to withdraw in both scenarios. It cautioned that permission under the Rules of Professional Conduct did not affect the court's power to refuse the motion.

Currency note

This 1994 opinion predates Missouri's 2007 amendments to its Rules of Professional Conduct. An official reference note identifies July 1, 2007 amendments to Rules 4-1.9 and 4-1.10. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context and verify current rules before relying on it.

Common questions

Q: Could counsel move to withdraw from an uncooperative client?

A: Yes, in the stated scenario.

Q: What if the client missed court and remained out of contact?

A: The opinion also allowed a motion to withdraw in that case.

Q: Was withdrawal guaranteed?

A: No. The court could refuse to sustain the motion.

Background and rules framework

The opinion distinguished ethics permission to request withdrawal from judicial authority over a pending criminal case. It cited no numbered rule.

See also

• Missouri Informal Op. 20080043: Court denial of withdrawal
• Missouri Informal Op. 940065: Withdrawal after client noncooperation

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/940019/

Original opinion text

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

QUESTION: Question 1. May Attorney move to withdraw from a criminal case if the client is uncooperative and will not communicate or assist with the defense? The Attorney will warn the client that Attorney will withdraw if the situation doesn´t improve before the Attorney actually withdraws. Question 2. If a client who is a criminal defendant fails to make a court date and a warrant is issued and the client has had no contact with Attorney for several weeks or months, may Attorney move to withdraw? ANSWER: Yes to both questions. However, the fact that the Rules of Professional Conduct allow Attorney to move to withdraw does not affect the authority of the court to refuse to sustain that motion.