The court denied my motion to withdraw because no new lawyer appeared, and my client told me to stop all work. What are my obligations for the files?

Plain-English summary

The inquiring attorney is owed fees from a client the attorney has represented for many years. After numerous attempts to arrange payment, the attorney informed the client that the attorney would not represent the client on new cases until payment was rendered. The client directed the attorney to stop all representation and cease all work, and the attorney advised the client to retain another attorney in connection with the ongoing lawsuits. The attorney's motions to withdraw filed in Superior Court were denied because no substitute counsel had entered on behalf of the client, and the files for which withdrawal was denied are still in the attorney's possession. The attorney asked what the attorney's obligation is with respect to the files, given that the client will not allow any work to be done on them.

The panel said Rule 1.16 ("Declining or Terminating Representation") applies. Rule 1.16(c) provides that when ordered to do so by a tribunal, a lawyer shall continue representation notwithstanding good cause for terminating the representation. Although the client directed the attorney to cease work, the panel concluded that the attorney must take all reasonable steps to continue to protect the client's interests, citing the comment to Rule 1.16.

In practice

Under this opinion, a court's denial of a motion to withdraw controls over both the lawyer's good cause to terminate (here, unpaid fees) and the client's instruction to stop working. The opinion applies Rule 1.16(c) so that, while the withdrawal denial stands, the attorney must continue taking reasonable steps to protect the client's interests in the files that remain in the attorney's possession.

Common questions

Q: The court denied my withdrawal. Am I still responsible for the case?

A: Per the opinion, yes; Rule 1.16(c) provides that when ordered by a tribunal a lawyer shall continue the representation notwithstanding good cause to terminate.

Q: My client told me to stop all work. Does that relieve me?

A: Per the opinion, no; although the client directed the attorney to cease work, the attorney must take all reasonable steps to continue to protect the client's interests.

Q: Does being owed fees justify stopping work on the files?

A: Per the opinion, the unpaid fees are the lawyer's good cause to terminate, but Rule 1.16(c) requires continued representation once the tribunal has denied withdrawal.

Background and rules framework

The opinion applies Rhode Island Rule 1.16 (declining or terminating representation), corresponding to Model Rule 1.16. The panel read Rule 1.16(c) as requiring a lawyer to continue a representation when a tribunal so orders, notwithstanding good cause to terminate, and applied the comment to Rule 1.16 to require the attorney to keep protecting the client's interests despite the client's instruction to cease work.

Citations and references

Rules of Professional Conduct:

• MR 1.16 (declining or terminating representation)
• RI RPC 1.16(c); comment to Rule 1.16

Statutes:

• None cited.

Cases:

• None cited.

Other opinions cited:

• None cited.

See also

• RI EAP Op. 92-43: When a Lawyer May Sue a Client for Unpaid Fees
• RI EAP Op. 92-40: Attorney-Trustee and an Elderly Client of Doubtful Capacity

Currency note

This opinion was issued in 1992 (Opinion 92-49), after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988, and it applies Rule 1.16 as originally adopted. The Rhode Island Supreme Court later revised the Rules of Professional Conduct in 2007 as part of the nationwide Ethics 2000 process, which amended Rule 1.16 (declining or terminating representation). 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.

Source

• Landing page: https://www.courts.ri.gov/attorney-resources/Pages/Ethics-Advisory-Panel-default.aspx
• Original PDF: https://www.courts.ri.gov/Opinions/EAP%2092-49.pdf

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 #92-49, Request #274
Issued July 23, 1992

An attorney seeks Panel advice with regard to the following situation. An attorney is owed fees from a client with whom the attorney has represented for many years. After numerous attempts to arrange payment of these fees, the attorney informed the client that the attorney would not represent the client on new cases until payment is rendered. The client directed the attorney to stop all representation and to cease all work. The attorney advised the client to retain another attorney in connection with the ongoing lawsuits. The attorney's motions to withdraw filed in Superior Court were denied because no substitute counsel had entered on behalf of the client. The files where withdrawal was denied are still in the attorney's possession. The attorney asks what is the attorney's obligation with respect to the files, in light of the fact that the client will not allow any work to be done on the files.

The Panel believes that Rule 1.16 "Declining or Terminating Representation" is applicable to this inquiry. Rule 1.16(c) states that "When ordered to do so by a tribunal, a lawyer shall continue representation notwithstanding good cause for terminating the representation." Although the client directed the attorney to cease work, the attorney must take all reasonable steps to continue to protect the client's interests. See, Comment to Rule 1.16.