RIEAP May 23, 1991

My client accepted a settlement offer and now wants to back out and keep litigating. Can I withdraw from the representation?

Short answer: The panel concluded that a client's acceptance of a settlement offer creates a binding contract, and that if the client wishes to repudiate the settlement the attorney may properly withdraw under Rule 1.16(b)(3) if the attorney considers the client's objective to be imprudent or repugnant.

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This page answers the general question as of 1991. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.

Currency note: this opinion is from 1991
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

The inquiring attorney sought advice concerning the attorney's ethical obligations where the attorney's client had previously accepted a settlement offer but now wished to continue with the litigation.

The panel took the position that if the client wishes to breach a settlement contract, the attorney may withdraw from representation under Rhode Island Rule of Professional Conduct 1.16. The panel quoted Rule 1.16(b)(3), which permits a lawyer to withdraw where withdrawal can be accomplished without material adverse effect on the client's interests, or where the client insists upon pursuing an objective that the lawyer considers repugnant or imprudent.

The panel noted that a client's acceptance of a settlement offer creates a binding contract. It concluded that if the client wishes to repudiate the settlement contract, the attorney may properly withdraw under Rule 1.16(b)(3) if the attorney considers the client's objectives to be "imprudent" or "repugnant."

Currency note

This opinion was issued in 1991, after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988, and it applies Rule 1.16 as then in force. The Rhode Island Supreme Court later revised the Rules of Professional Conduct in 2007 as part of the nationwide Ethics 2000 process, which renumbered and amended several provisions. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule mentioned here.

Common questions

Q: Is an accepted settlement offer binding on the client?

A: Under this opinion, yes. The panel noted that a client's acceptance of a settlement offer creates a binding contract.

Q: Can a lawyer withdraw if the client wants to back out of a settlement?

A: The panel concluded the attorney may properly withdraw under Rule 1.16(b)(3) if the attorney considers the client's objective of repudiating the settlement to be imprudent or repugnant.

Q: What standard governs the withdrawal here?

A: Rule 1.16(b)(3) permits withdrawal where the client insists upon pursuing an objective the lawyer considers repugnant or imprudent, which the panel applied to the client's wish to repudiate the settlement.

Background and rules framework

The opinion applies Rule 1.16 (Declining or Terminating Representation), corresponding to Model Rule 1.16. The panel quoted Rule 1.16(b)(3)'s permissive-withdrawal ground for a client's insistence on a repugnant or imprudent objective, and treated the client's wish to breach a binding settlement contract as fitting that ground.

Citations and references

Rules of Professional Conduct:

  • MR 1.16 (declining or terminating representation)
  • RI RPC 1.16(b)(3)

Statutes:

  • None cited.

Cases:

  • None cited.

Other opinions cited:

  • None cited.

See also

Source

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

Digest of Ethics Advisory Panel
Opinion #91-21, Request #153
Issued May 23, 1991

An attorney seeks Panel advice concerning the attorney's ethical obligations under circumstances in which the attorney's client previously accepted a settlement offer but now wishes to continue with the litigation.

The Panel takes the position that if the client wishes to breach a settlement contract, the attorney may withdraw from representation of that client under Rhode Island Rule of Professional Conduct 1.16.

Rule 1.16(b)(3) provides in pertinent part:

(b) . . . a lawyer may withdraw from representing a client if withdrawal can be accomplished without material adverse effect on the interests of the client, or if:

(3) the client insists upon pursuing an objective that the lawyer considers repugnant or imprudent.

The Panel notes that the acceptance by a client of a settlement offer creates a binding contract. The Panel is of the opinion that if the client wishes to repudiate the settlement contract, the attorney may properly withdraw from representation of that client under Rule 1.16(b)(3) if the attorney considers the objectives of this client to be "imprudent" or "repugnant".

Ethics Advisory Panel advice is protective in nature. There is no requirement that an attorney abide by a Panel opinion, but if he or she does, he or she is fully protected from any charge of impropriety.

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