My client put the case on hold, left the military, and I can't find them after exhausting every effort. Can I withdraw from the representation?

Plain-English summary

The inquiring attorney sought advice regarding locating a missing client. The attorney represented the client before the client entered the military; prior to being assigned to active duty, the client put the matter on hold. The attorney was recently informed that the client is no longer with the military, and the attorney has exhausted all efforts in locating the client.

The panel said Rule 1.16(b)(4), (5), and (6) ("Declining or Terminating Representation") governs. Under Rule 1.16(b), a lawyer may withdraw if withdrawal can be accomplished without material adverse effect on the client's interest, or if (4) the client fails substantially to fulfill an obligation regarding the lawyer's services after reasonable warning; (5) the representation will result in an unreasonable financial burden or has been rendered unreasonably difficult by the client; or (6) other good cause for withdrawal exists.

The panel concluded that the attorney may seek to withdraw. Quoting Schmittinger v. Grogan, it observed that ordinarily the client is entitled to notice of counsel's intention to withdraw, but that it does not follow that an attorney must continue to serve a client indefinitely when the attorney is unsuccessful in locating the client after reasonable efforts, and that whether an attorney can withdraw when unable to locate the client is a matter between the court and a member of its bar.

In practice

Under this opinion, a lawyer who has made reasonable but unsuccessful efforts to locate a client may seek to withdraw under Rule 1.16(b). The opinion treats the inability to locate the client, after reasonable efforts, as fitting the good-cause grounds of Rule 1.16(b)(4)-(6), while noting that whether withdrawal is actually permitted is for the court to decide.

Common questions

Q: Can I withdraw if I simply cannot find my client?

A: Per the opinion, the attorney may seek to withdraw under Rule 1.16(b)(4)-(6), because a lawyer need not serve a client indefinitely when unable to locate the client after reasonable efforts.

Q: Does the client still get notice?

A: Per the opinion, ordinarily the client is entitled to notice of counsel's intention to withdraw.

Q: Who ultimately decides whether I may withdraw?

A: Per the opinion, whether an attorney can withdraw when unable to locate the client is a matter between the court and a member of its bar.

Background and rules framework

The opinion applies Rhode Island Rule 1.16(b) (declining or terminating representation), corresponding to Model Rule 1.16. The panel read Rule 1.16(b)(4)-(6) as providing good-cause grounds for withdrawal and applied them to a client the lawyer cannot locate after reasonable efforts, leaving the permission to withdraw to the court.

Citations and references

Rules of Professional Conduct:

• MR 1.16 (declining or terminating representation)
• RI RPC 1.16(b)(4), 1.16(b)(5), 1.16(b)(6)

Statutes:

• None cited.

Cases:

• Schmittinger v. Grogan, 128 A.2d 114, 182 Pa. Super. 399 (1956): an attorney need not serve a client indefinitely when unable to locate the client after reasonable efforts.

Other opinions cited:

• None cited.

See also

• RI EAP Op. 92-49: Client Files When the Court Denies Withdrawal
• RI EAP Op. 92-43: When a Lawyer May Sue a Client for Unpaid Fees

Currency note

This opinion was issued in 1992 (Opinion 92-64), 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%2092-64.pdf

Original opinion text

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

ETHICS ADVISORY PANEL
Opinion #92-64, Request #290
Issued July 23, 1992

An attorney seeks Panel advice with regard to locating a missing client. The attorney represented the client before the client entered into the military. Prior to being assigned for active duty the client put the matter on hold. Recently, the attorney was informed that the client is no longer with the military. The attorney has exhausted all efforts in locating the client and seeks Panel advice.

The Panel is of the belief that Rule 1.16(b)(4),(5),(6) "Declining or Terminating Representation" governs this inquiry. The Rule states that:

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

(4) the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer's services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled;

(5) the representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client; or

(6) other good cause for withdrawal exists.

The Panel is of the opinion that the attorney may seek to withdraw from the representation. "Ordinarily the client is entitled to notice of counsel's intention to withdraw, . . . . It does not follow, however, that an attorney must continue to serve a client indefinitely when he is unsuccessful in locating him after reasonable efforts to do so." Schmittinger v. Grogan, 128 A.2d 114, 182 Pa. Super. 399 (Penn. 1956). "Whether an attorney can withdraw when he cannot locate his client is a matter between the court and a member of its bar . . . ." Id. at 117.