WSBA 1988

If a trial judge refuses to let a lawyer withdraw on the eve of trial, can the lawyer still withdraw?

Short answer: No. The committee was of the opinion that the lawyer was obliged to follow the court's order and that nothing in RPC 1.15(c) would permit withdrawal where the trial judge had refused to allow it on the eve of trial.

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This page answers the general question as of 1988. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.

Disclaimer: Advisory only. Not binding precedent.

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) is the authoritative source for any reliance.

Plain-English summary

The inquiry concerned what a lawyer should do after seeking to withdraw from representation of a client on the eve of trial, when the trial judge refused to allow the withdrawal.

The committee was of the opinion that the lawyer was obliged to follow the order of the court, and that nothing in RPC 1.15(c) would permit the lawyer to withdraw under those circumstances.

Currency note

This opinion was issued in 1988, before the 2006 revisions to the Washington Rules of Professional Conduct. The rule then numbered RPC 1.15(c), addressing a lawyer's continued representation when a tribunal orders it, corresponds to Model Rule 1.16(c) and was later renumbered and amended. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule mentioned here.

Common questions

Q: Can a lawyer withdraw after a judge denies the motion to withdraw?

A: Per the opinion, no. The committee was of the opinion that the lawyer was obliged to follow the order of the court and could not withdraw once the trial judge had refused to allow it.

Q: Did the rule give the lawyer any room to withdraw anyway?

A: No. The committee was of the opinion that nothing in RPC 1.15(c) would permit the lawyer to withdraw under those circumstances, that is, on the eve of trial after the court denied withdrawal.

Background and rules framework

The opinion applies the rule then numbered Washington RPC 1.15(c), corresponding to Model Rule 1.16(c), which addresses a lawyer's obligation to continue a representation when ordered to do so by a tribunal. The committee read the rule to require the lawyer to abide by the court's refusal of withdrawal on the eve of trial.

Citations and references

Rules of Professional Conduct:

Washington RPC 1.15(c) (continued representation when ordered by a tribunal), corresponding to Model Rule 1.16(c).

Source

Landing page: https://ao.wsba.org/print.aspx?ID=249

Original opinion text

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

Advisory Opinion: 1169
Year Issued: 1988
RPC(s): RPC 1.15(c)
Subject: Withdrawal; refusal of trial judge to permit withdrawal

The Committee reviewed your inquiry concerning the conduct you should pursue in a situation where you had sought to withdraw from representation of a client on the eve of trial, and trial judge refused to allow your withdrawal. The Committee was of the opinion that you were obliged to follow the order of the Court and that nothing in the RPC 1.15(c) would permit you to withdraw under those circumstances.

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