How does a lawyer withdraw from representing a client who has acted against the interests of the lawyer's other clients?

Plain-English summary

The inquiry concerned the withdrawal of a lawyer as a representative of a client who had acted against the interest of other clients. The committee stated that it responds to specific ethics inquiries, that the question posed is not an ethics inquiry, and that it is therefore not within the scope of the committee.

The committee added that, in general, RPCs 1.15(b)(3), 1.15(b)(4), and 1.15(d) apply to concluding the relationship between attorneys and the specific clients.

Currency note

This opinion was issued in 1998, 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 Treat this page as historical context, not current guidance.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 RPC 1.15 corresponded to ABA Model Rule 1.16 (declining or terminating representation), whose subsections govern the grounds for withdrawal and the duties on concluding a representation. Verify the current rule numbering before relying on the citations here.

Common questions

Q: Did the committee decide how to withdraw from a client who harmed other clients?

A: No. The committee said the question is not a specific ethics inquiry and is therefore not within its scope.

Q: Which rules did the committee point to in general?

A: It said RPC 1.15(b)(3), 1.15(b)(4), and 1.15(d) apply to concluding the relationship between the attorney and the specific clients.

Background and rules framework

The opinion pointed to RPC 1.15(b)(3), 1.15(b)(4), and 1.15(d), which at the time corresponded to ABA Model Rule 1.16 (declining or terminating representation). Rather than resolve the specific question, the committee identified those subsections as the rules that apply to concluding the attorney-client relationship.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 1.16 (declining or terminating representation); Washington RPC 1.15(b)(3), 1.15(b)(4), 1.15(d)

See also

• WA Ethics Op. 1796: A Missing Client in a Divorce Case
• WA Ethics Op. 1783: Withdrawing From a Nonpaying Debtor

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=995

Original opinion text

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

Advisory Opinion: 1802
Year Issued: 1998
RPC(s): RPC 1.15(b)(3); 1.5(b)(4); 1.15(d)
Subject: Withdrawal of lawyer as representative of client who acted against interests of other clients

The Committee researched and reviewed your inquiry concerning the withdrawal of a lawyer as a representative of a client who has acted against the interest of other clients and determined the following:

The RPC Committee responds to specific ethics inquiries. The question posed is not an ethics inquiry and, therefore, is not within the scope of this committee. In general, however, RPCs 1.15(b)(3), 1.15(b)(4) and 1.15(d) apply to concluding the relationship between attorneys and the specific clients.