RULE 1.16 DECLINING OR TERMINATING REPRESENTATION
(a) Except as stated in paragraph (c), a lawyer shall not represent a client or, where representation has commenced, shall seek to withdraw from the representation of a client if:
Thethe lawyer reasonably believes that the representation will result in violation of the rules of professional conductthese Rules or other law;
Thethe lawyer's physical or mental condition materially impairs the lawyer's ability to represent the client;
Thethe lawyer has offered material evidence in the testimony of the client and has come to know of its falsity and the client has refused to consent to disclosure of its false character to the tribunal; or
Thethe lawyer is discharged.
(b) Except as stated in paragraph (c), a lawyer may withdraw from
representing a client if
withdrawal can be accomplished without material adverse effect on the interests of the
(1) withdrawal can be accomplished without material adverse effect on the interests of the client;
(1) The(2) the client persists in a course of action involving the lawyer's services that the lawyer reasonably believes is criminal or fraudulent;
(2)(3) Thethe client has used the lawyer's services to perpetrate a crime or fraud;
(3) A(4) a client insists upon pursuing objectives or means that the lawyer considers repugnant or imprudentwith which the lawyer has a fundamental disagreement;
(4) The(5) 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;
(5) The(6) the representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client; or
(6) Other(7) other good cause for withdrawal exists.
(c) When ordered to do so by a tribunal, a lawyer shall continue representation notwithstanding good cause for terminating the representation.
(d) Where the lawyer has sought to withdraw in accordance with
paragraph (a)(3) and withdrawal
is not permitted, the lawyer may continue the representation without disclosure of the client's
testimony; such continuation alone is not a violation of these
(e) Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client's interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payment of fee or expense that has not been earned or incurred. The lawyer may retain papers relating to the client only to the extent permitted by Rule 1.19.
 A lawyer should not accept representation in a matter unless it can be performed competently, promptly, without improper conflict of interest and to completion. Ordinarily, a representation in a matter is completed when the agreed-upon assistance has been concluded. See Rules 1.2(c) and 6.5. See also Rule 1.3, Comment .
 A lawyer ordinarily must decline or seek to withdraw from representation if the
that the lawyer engage in conduct that is illegal or violates
Rules of Professional Conduct
or other law. The lawyer is not obliged to decline or withdraw simply because the client suggests
such a course of conduct; a client may make such a suggestion in the hope that a lawyer will not
constrained by a professional obligation.
 Rule 3.3 and this
rule Rule require a lawyer
to seek to withdraw from representation of a client
upon learning that the client offered false evidence if the lawyer is unable to persuade the client
disclose its false character immediately to the tribunal. If withdrawal is denied, the lawyer
continue the representation notwithstanding paragraph (a)(3) of this Rule. In the continued
representation, the lawyer remains bound by the obligation of candor under Rule 3.3.
 When a lawyer has appeared on behalf of a client, withdrawal ordinarily
requires approval of
See also Rule 6.2. Difficulty may be encountered if withdrawal is
based on the client's
demand that the lawyer engage in unprofessional conduct. The court may wish
explanation for the withdrawal, while the lawyer may be bound to keep confidential the facts that
would constitute such an explanation. The lawyer's statements that professional considerations
require termination of the representation ordinarily should be accepted as sufficient.
be mindful of their obligations to both clients and the court under Rules 1.6 and 3.3.
 A client has a right to discharge a lawyer at any time, with or without cause, subject to liability for payment for the lawyer's services. Where future dispute about the withdrawal may be anticipated, it may be advisable to prepare a written statement reciting the circumstances.
 Whether a client can discharge appointed counsel may depend on applicable
law. A client
seeking to do so should be given a full explanation of the consequences. These consequences
include a decision by the appointing authority that appointment of successor counsel is
thus requiring the client to
represent himself appear pro se.
 If the client is
mentally incompetent a minor or is of
limited capacity, the client may lack the
legal capacity to discharge the lawyer, and in any event the discharge may be seriously adverse
the client's interest. The lawyer should make special effort to help the client consider the
consequences and , in an extreme case, may initiate proceedings for a
conservatorship or similar
protection of the client. See take reasonably necessary protective action as provided
in Rule 1.14.
 A lawyer may withdraw from representation in some circumstances. The
lawyer has the option
to withdraw if it can be accomplished without material adverse effect on the client's interests.
Withdrawal is also justified if the client persists in a course of action that the lawyer reasonably
believes is criminal or fraudulent, for a lawyer is not required to be associated with such conduct
even if the lawyer does not further it. Withdrawal is also permitted if the lawyer's services were
misused in the past even if that would materially prejudice the client. The lawyer may also
withdraw where the client insists on
a taking action that the lawyer
considers repugnant or
imprudent objective with which the lawyer has a fundamental
 A lawyer may withdraw if the client refuses to abide by the terms of an agreement relating to the representation, such as an agreement concerning fees or court costs or an agreement limiting the objectives of the representation.
Assisting the Client Upon Withdrawal
 Even if the lawyer has been unfairly discharged by the client, a lawyer must take all reasonable steps to mitigate the consequences to the client. With regard to the disposition of the client's files, papers or property, the lawyer should follow Rule 1.19.
Whether or not a lawyer for an organization may under certain unusual
circumstances have a legal
obligation to the organization after withdrawing or being discharged by the organization's
authority is beyond the scope of these Rules.
Reference: Minutes of the Professional Conduct Subcommittee of the Attorney
Committee on 04/26/85, 08/23/85, 09/20/85, and 01/10/86; Minutes of the Joint Committee on
Attorney Standards on 6/8/99, 9/16/99, 11/19/99, 3/23/00, 6/13/00, 9/15/00, 11/17/00,
02/27/04, 03/18/05, 06/14/05.