My client is unhappy with my work and won't pay my fees after the trial ended. Can I withdraw from the representation?

Plain-English summary

The inquiring attorney sought advice on the ethical propriety of withdrawing from representing a client who was dissatisfied with the attorney's services and refused to pay the attorney's fees. The client had engaged the attorney after discharging three prior lawyers in connection with a divorce action, the trial was now completed, and the client believed her husband was responsible for the attorney's fees.

The panel took the position that the attorney may properly withdraw under Rhode Island Rule of Professional Conduct 1.16. The panel quoted Rule 1.16(b), which permits withdrawal that can be accomplished without material adverse effect on the client's interests, or where, among other grounds, 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.

The panel concluded that the attorney may properly withdraw if the client continues to refuse to compensate the attorney for the services rendered and the attorney gives the client reasonable warning that the attorney will withdraw unless the obligation is fulfilled.

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 Treat this page as historical context, not current guidance.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: Can a lawyer withdraw when a client won't pay?

A: Under this opinion, yes, under Rule 1.16(b), provided the client continues to refuse payment and the lawyer gives reasonable warning that nonpayment will result in withdrawal.

Q: What must the lawyer do before withdrawing for nonpayment?

A: The panel required that the client be given reasonable warning that the attorney will withdraw unless the fee obligation is fulfilled.

Q: Does the client's belief that a spouse owes the fees change the answer?

A: The panel did not treat that belief as controlling; it based withdrawal on the client's substantial failure to fulfill the fee obligation to the lawyer after reasonable warning.

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), which allows permissive withdrawal without material adverse effect on the client and, separately, where the client fails substantially to fulfill a fee obligation after reasonable warning. The analysis turned on the warning requirement paired with the client's continued refusal to pay.

Citations and references

Rules of Professional Conduct:

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

Statutes:

• None cited.

Cases:

• None cited.

Other opinions cited:

• None cited.

See also

• RI EAP Op. 95-08: Withdrawal Needs Court Leave
• RI EAP Op. 95-38: Withdrawing After Client's Fraud on Court
• RI EAP Op. 95-26: Confidentiality Despite Unpaid Fee

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%2091-15.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 #91-15, Request #127
Issued May 23, 1991

An attorney seeks Panel advice concerning the ethical propriety of the attorney's withdrawal from representation of a client who is dissatisfied with the attorney's services and refuses to pay the attorney's fees. The attorney indicates the client engaged the attorney's services after discharging three prior lawyers in connection with a divorce action. The trial of the case is now completed. The client believes her husband is responsible for the attorney's fees.

The Panel takes the position that the attorney may properly withdraw from further representation of this client under Rhode Island Rule of Professional Conduct 1.16. Rule 1.16 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:

(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.

The Panel is of the opinion that the attorney may properly withdraw from representation of the client if she continues to refuse to compensate the attorney for the services rendered and the attorney gives the client reasonable warning that the attorney will withdraw unless the obligation is fulfilled.

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.