Multistate Professional Responsibility Examination (MPRE)The Client-Lawyer RelationshipMedium
A lawyer represents a client in a complex business transaction. The client has consistently failed to pay the agreed-upon legal fees, despite repeated reminders and extensions. The lawyer has completed significant work on the case but is now facing financial hardship due to the non-payment.
- AThe lawyer must continue the representation until the transaction is complete, as withdrawal would prejudice the client.
- BThe lawyer may seek to withdraw from representation if the client's failure to pay fees constitutes a material breach of the fee agreement.
- CThe lawyer must first obtain a court order compelling the client to pay the outstanding fees before considering withdrawal.
- DThe lawyer may immediately withdraw from representation without court permission, citing the client's breach of contract.
Show answer & explanationAnswer & explanation
Correct answer: B. The lawyer may seek to withdraw from representation if the client's failure to pay fees constitutes a material breach of the fee agreement.
Model Rule 1.16(b)(5) permits a lawyer to withdraw from representation if the client substantially fails to fulfill an obligation regarding the lawyer's services, such as paying fees, and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled. This is a permissive, not mandatory, withdrawal.
Why the other options are wrong
- A. While client prejudice is a factor, material breach of contract allows for permissive withdrawal, provided steps are taken to minimize harm.
- C. Obtaining a court order for fees is a separate legal action, not a prerequisite for permissive withdrawal based on non-payment of fees.
- D. Withdrawal from litigation often requires court permission, and even in non-litigation, notice and efforts to minimize prejudice are required.
Permissive Withdrawal (Client Non-Payment)
A lawyer may permissibly withdraw from representation if the client fails to pay agreed-upon fees, provided certain conditions are met, such as giving reasonable warning.
- Withdrawal is permissive, not mandatory.
- Client must have failed substantially to fulfill an obligation (e.g., pay fees).
- Lawyer must give reasonable warning.
- Lawyer must take steps to protect the client's interests upon withdrawal.
Memory trick: Unpaid Fees? Warn, Prepare, Then Leave.