Multistate Professional Responsibility Examination (MPRE)The Client-Lawyer RelationshipEasy
A lawyer represents a client in a civil dispute. The client frequently calls the lawyer late at night, demanding immediate attention to minor details, and repeatedly ignores the lawyer's advice on strategy. The lawyer finds it increasingly difficult to communicate effectively with the client and believes this behavior is materially impairing the lawyer's ability to represent the client. The lawyer wishes to withdraw from representation. Under the Model Rules of Professional Conduct, may the lawyer withdraw?
- ANo, because withdrawal would materially prejudice the client, and the lawyer has not secured a substitute counsel.
- BYes, because the client's conduct has made the representation unreasonably difficult, allowing for permissive withdrawal.
- CNo, because the client's conduct, while annoying, does not rise to the level of making the representation unreasonably difficult.
- DYes, but only if the client consents to the withdrawal in writing after being fully informed of the implications.
Show answer & explanationAnswer & explanation
Correct answer: B. Yes, because the client's conduct has made the representation unreasonably difficult, allowing for permissive withdrawal.
Model Rule 1.16(b)(5) allows a lawyer to permissibly withdraw if the client's conduct has made the representation unreasonably difficult. The client's frequent late-night calls, demands for immediate attention to minor details, and repeated disregard for advice clearly fall under this provision.
Why the other options are wrong
- A. While material prejudice is a consideration, making the representation unreasonably difficult is an independent ground for permissive withdrawal, and securing substitute counsel is not a prerequisite for initiating withdrawal.
- C. The client's pattern of behavior goes beyond mere annoyance and directly impacts the lawyer's ability to effectively represent.
- D. Client consent is not required for permissive withdrawal when the client's conduct makes the representation unreasonably difficult.
Permissive Withdrawal (Client Difficulty)
A lawyer may withdraw from representation if the client's conduct makes the representation unreasonably difficult for the lawyer to carry out effectively.
- This is a permissive, not mandatory, ground for withdrawal.
- The difficulty must be 'unreasonable' and materially impair representation.
- It typically involves client non-cooperation or persistent unreasonable demands.
Memory trick: When the client's path becomes a thorny maze, the lawyer can leave.