Multistate Professional Responsibility Examination (MPRE)The Client-Lawyer RelationshipMedium
A lawyer is representing a client in a civil litigation matter. The client is frequently unresponsive to the lawyer's communications, fails to provide requested documents in a timely manner, and repeatedly misses scheduled appointments. The lawyer has sent multiple reminders and attempted to schedule calls, but the client's unresponsiveness persists, hindering the progress of the case. What is the most appropriate action for the lawyer to take?
- AContinue to attempt communication and proceed with the case to the best of their ability.
- BFile a motion to withdraw from representation, citing the client's lack of cooperation.
- CInform the client that the lawyer will make decisions on their behalf due to their unresponsiveness.
- DCease all work on the case until the client fully complies with all requests.
Show answer & explanationAnswer & explanation
Correct answer: B. File a motion to withdraw from representation, citing the client's lack of cooperation.
A lawyer may seek to withdraw from representation if the client makes it unreasonably difficult for the lawyer to carry out the representation effectively, such as by failing to cooperate or communicate. This is a permissible, not mandatory, withdrawal.
Why the other options are wrong
- A. While continued attempts are good, if the unresponsiveness hinders the case significantly, merely continuing is not the most appropriate ethical action.
- C. This oversteps the lawyer's authority; the lawyer cannot unilaterally assume decision-making power for the client.
- D. Ceasing all work without formal withdrawal or court permission could constitute neglect of the client's case.
Permissive Withdrawal (Client Non-Cooperation)
A lawyer may withdraw from representation if the client renders the representation unreasonably difficult, such as by failing to cooperate or communicate effectively.
- Client makes representation difficult.
- Withdrawal is permissive, not mandatory.
- Court permission may be required.
Memory trick: Cooperation Crisis: When the client stops helping, the lawyer can stop too.