Can a lawyer withdraw from a personal injury client's case after taking a job with the defendant corporation, and what notice is required?

Plain-English summary

The committee considered an attorney who had been representing a personal injury client and then accepted employment with the defendant corporation, before suit was instituted. It concluded that withdrawal was not improper, provided the attorney notified the client by written registered mail of four things: the attorney's unavailability as counsel, the applicable statute of limitations, the necessity for the client to seek other legal counsel, and that the attorney would have no further responsibility for the case except to provide the client or the client's counsel all papers and property to which the client is entitled. It cited DR 2-108(A)(1) and EC 2-34.

Currency note

This opinion was issued in 1984, under Virginia's former Code of Professional Responsibility, before the Virginia State Bar's adoption of the Rules of Professional Conduct effective January 1, 2000. The committee note records that current Rule 1.16(e) governs a lawyer's duty to provide files to a former client. 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 Treat this page as historical context, not current guidance.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.

Common questions

Q: Can a lawyer drop a client to go work for the opposing party?

A: Under this 1984 opinion, the lawyer could withdraw from the personal injury client before suit after taking employment with the defendant corporation, but only with the specified written notice.

Q: What notice did the committee require?

A: Written registered-mail notice of the lawyer's unavailability, the applicable statute of limitations, the need to seek other counsel, and that the lawyer would only turn over the client's papers and property.

Q: Why did the statute of limitations matter?

A: Because the withdrawal came before suit was filed, the committee required the lawyer to warn the client of the limitations deadline so the client could protect the claim with new counsel.

Background and rules framework

The opinion applies the former Code's DR 2-108(A)(1) and EC 2-34 on withdrawal to a lawyer leaving a client to join the adverse corporation, conditioning permissible withdrawal on protective notice. The committee note maps the file-return duty onto current Virginia Rule 1.16(e), corresponding to ABA Model Rule 1.16 on declining or terminating representation.

Citations and references

Rules of Professional Conduct:

• DR 2-108(A)(1) (withdrawal from employment) (former Code)
• EC 2-34 (former Code; manner of withdrawal)
• Virginia Rule 1.16(e) (returning files to a former client) (cited in the committee note)
• ABA Model Rule 1.16 (declining or terminating representation)

See also

• VA LEO 1136: Withdrawal When the Lawyer Must Testify
• VA LEO 1789: Releasing a Client's File on Termination

Source

• Landing page: https://vsb.org/Site/about/rules-regulations/leo-opinions.aspx
• Original PDF: https://www.vsb.org/common/Uploaded%20files/LEOs/0559.pdf

Original opinion text

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

LEGAL ETHICS OPINION 559

WITHDRAWAL FROM REPRESENTATION.

It is not improper for an attorney to withdraw from representation of a personal injury client, prior to the institution of suit, when the attorney has accepted employment with the defendant corporation, so long as the attorney has notified the client by written registered mail of (1) his unavailability as counsel, (2) the applicable statute of limitations, (3) the necessity of his client to seek other legal counsel, and (4) that the attorney will have no further responsibility for the case except to provide to the client or the client's counsel all papers and property to which the client is entitled. [ DR:2-108(A)(1), EC:2-34]

Committee Opinion
April 10, 1984

Legal Ethics Committee Notes. –Rule 1.16(e) governs a lawyer’s duty to provide files to a former client.