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How do I fire a RARA client.
As John said, move to withdraw. If possible, give your client an
opportunity to find replacement counsel prior to filing your motion.
Most of us have been in your shoes at one point or another. Good luck.
On Feb 1, 2018 2:47 PM, "John Faucher j.d.faucher@sbcglobal.net [cdcbaa]" wrote:
Larry, I think you need to file a motion to withdraw as counsel. Allege
that withdrawal is needed because the attorney-client relationship is
irreparably broken. I have the following paragraph in my retainer
agreements:
I am subject to, and reserve the right to withdraw from any engagement
consistent with, the California Rules of Professional Conduct. Except
where withdrawal is with your consent, I may be required or permitted to
withdraw where: (i) my continued employment will result in a violation of
the Rules of Professional Conduct or State Bar; (ii) it is my judgment that
the strategy you insist upon involves illegal or unethical conduct; (iii)
your conduct makes it unreasonably difficult for me to discharge my
professional responsibilities; (iv) you breach your agreement with me with
regard to payment of expenses or fees; or (v) it is in your best interest
as my client to do so. I try to identify in advance and discuss with my
clients any situation that may lead to my withdrawal. In such event, you
agree to execute any court documents as may be required to permit
withdrawal in any legal action then pending.
If you have something similar, great - make use of it, especially iii. If
not, I think that you still have the right to move to withdraw. You might
need to keep some of the behavior under seal, to not violate
attorney-client privilege. You could also claim that your continued
employment will cause you to violate the Rules of Professional Conduct, in
that you would end up clocking your client upside the head with a shovel if
you can't get out of the representation. Surely the professional rules
cover this.
Good luck.
- John D. Faucher
On Thursday, February 1, 2018 1:34 PM, "GMAIL Webblaw@Gmail.com [cdcbaa]" wrote:
Chapter 13 client has exceeded my tolerance. Confirmation is pending. How
do I extract myself.
Best regards
Larry Webb
[image: cid:image001.jpg@01D0F15C.EFF4AFA0]
California Board of Legal Specialization
Certified Specialist in Bankruptcy Law
P 805.987.1400
C 805.750.2150
As John said, move to withdraw. If possible, give your client an opportunity to find replacement counsel prior to filing your motion.Most of us have been in your shoes at one point or another. Good luck.On Feb 1, 2018 2:47 PM, "John Faucher j.d.faucher@sbcglobal.net [cdcbaa]" <cdcbaa@yahoogroups.com> wrote:
The post was migrated from Yahoo.
Larry, I think you need to file a motion to withdraw as counsel. Allege that withdrawal is needed because the attorney-client relationship is irreparably broken. I have the following paragraph in my retainer agreements:
I am subject to, andreserve the right to withdraw from any engagement consistent with, theCalifornia Rules of Professional Conduct.Except where withdrawal is with your consent, I may be required orpermitted to withdraw where: (i) my continued employment will result in aviolation of the Rules of Professional Conduct or State Bar; (ii) it is my judgmentthat the strategy you insist upon involves illegal or unethical conduct; (iii) yourconduct makes it unreasonably difficult for me to discharge my professional responsibilities;(iv) you breach your agreement with me with regard to payment of expenses or fees;or (v) it is in your best interest as my client to do so. that may lead to my withdrawal. In such event, you agree to execute any courtdocuments as may be required to permit withdrawal in any legal action thenpending.
If you have something similar, great - make use of it, especially iii. If not, I think that you still have the right to move to withdraw. You might need to keep some of the behavior under seal, to not violate attorney-client privilege. You could also claim that your continued employment will cause you to violate the Rules of Professional Conduct, in that you would end up clocking your client upside the head with a shovel if you can't get out of the representation. Surely the professional rules cover this.
Good luck.
- John D. Faucher
On Thursday, February 1, 2018 1:34 PM, "GMAIL Webblaw@Gmail.com [cdcbaa]" wrote:
Chapter 13 client has exceeded my tolerance. Confirmation is pending. How do I extract myself. Best regardsLarry Webb California Board of Legal SpecializationCertified Specialist in Bankruptcy LawP 805.987.1400C 805.750.2150 #yiv26
The post was migrated from Yahoo.
Chapter 13 client has exceeded my tolerance. Confirmation is pending. How
do I extract myself.
Best regards
Larry Webb
California Board of Legal Specialization
Certified Specialist in Bankruptcy Law
P 805.987.1400
C 805.750.2150
The post was migrated from Yahoo.