After a lawyer has withdrawn from a case, can the lawyer sign a proposed court order on the former client's behalf at the judge's request?
Apply this to your situation
This page answers the general question as of 1993. Ask about yours and see what the current Washington Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
A lawyer withdrew from representing a client after a hearing but before presentation of the order. The judge then asked the lawyer to sign the proposed order.
The committee was of the unanimous opinion that, since the lawyer had withdrawn as the father's counsel, the lawyer had no authority to sign the order.
Currency note
This opinion was issued in 1993, before the Washington State Bar Association's adoption of the 2006 revisions to the Rules of Professional Conduct. 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 Treat this page as historical context, not current guidance.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, deadline, or requirement mentioned here. (At the time of this opinion, Washington's withdrawal rule was numbered RPC 1.15; the corresponding ABA Model Rule is 1.16.)
Common questions
Q: Can a lawyer who has withdrawn still sign a court order for the former client?
A: The committee said no; once the lawyer withdrew as counsel, the lawyer had no authority to sign the proposed order.
Q: Does it matter that the judge asked the lawyer to sign?
A: The committee's conclusion turned on the lawyer's lack of authority after withdrawal, not on the source of the request; it found no authority to sign.
Background and rules framework
The opinion applied RPC 1.15 (corresponding to ABA Model Rule 1.16), which governs declining or terminating representation. The committee reasoned that withdrawal ended the lawyer's authority to act for the client, so the lawyer could not sign the proposed order on the former client's behalf.
Citations and references
Rules of Professional Conduct:
- ABA Model Rule 1.16 (declining or terminating representation); Washington RPC 1.15
See also
- WA Ethics Op. 1512: Withdrawal From an Appeal and Settlement Authority
- WA Ethics Op. 1521: Representing an Opponent's Former Counsel
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=608
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1527
Year Issued: 1993
RPC(s): RPC 1.15
Subject: Withdrawal; authority to sign court order on former client's behalf
[The lawyer withdrew from representing a client after a hearing but before presentation of the order. The judge asked the lawyer to sign the proposed order.] The Committee was of the unanimous opinion that since you withdrew as the father's counsel you had no authority to sign the order.
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