Multistate Professional Responsibility Examination (MPRE)The Client-Lawyer RelationshipMedium
A lawyer represents a client who is being sued for breach of contract. The client has repeatedly failed to respond to the lawyer's requests for information, has missed scheduled appointments, and has generally been uncooperative, making it extremely difficult for the lawyer to prepare a defense. The client still expects the lawyer to continue the representation. Under which circumstances would the lawyer be ethically permitted to withdraw from representation?
- AThe lawyer can withdraw because the client's conduct makes it unreasonably difficult for the lawyer to carry out the representation effectively.
- BThe lawyer can withdraw because the client's behavior constitutes a fundamental disagreement over the objectives of representation.
- CThe lawyer can withdraw only if the client consents to the withdrawal.
- DThe lawyer cannot withdraw, as there is no mandatory ground for withdrawal and the client wishes to continue.
Show answer & explanationAnswer & explanation
Correct answer: A. The lawyer can withdraw because the client's conduct makes it unreasonably difficult for the lawyer to carry out the representation effectively.
A lawyer may permissibly withdraw from representation if the client's conduct makes it unreasonably difficult for the lawyer to carry out the representation effectively. This falls under the permissive withdrawal rules, even if the client does not consent.
Why the other options are wrong
- B. While there might be disagreements, the core issue is the client's uncooperativeness making effective representation impossible, not just a disagreement over objectives.
- C. Client consent is not required for permissive withdrawal if other grounds are met, though generally desirable.
- D. There are permissive grounds for withdrawal, and the client's desire to continue does not override these grounds if present.
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 follow advice.
- Client's conduct makes effective representation unreasonably difficult.
- This is a permissive, not mandatory, ground for withdrawal.
- Lawyer must still take steps to protect client's interests upon withdrawal.
Memory trick: Exit Door Open If Client Blocks Your Flow.