What is RPC Rule 1.16?
RPC Rule 1.16
The New Jersey legal system adheres to the Rules of Professional Conduct for Attorneys. These provide an outline for what actions by lawyers are considered ethical and what types of actions are not allowed. Rule 1.16 of the RPC pertains to lawyers who need to terminate their professional legal services with a client. There are some instances when it is permissible for a NJ attorney to terminate their participation in a case with a client. A NJ attorney is always allowed to withdraw from a case in which the client asks the lawyer to engage in behavior that the lawyer disagrees with fundamentally. Rule 1.16 of the Rules of Professional Conduct outlines the specific instances when an attorney is allowed to withdraw their representation from a client.
Rule 1.16 a of the RPC
The first section of Rule 1.16 explains that there are instance when an attorney is not allowed to provide representation for a client. In cases where representation has already commence, Rule 1.16 a explains the circumstances in which a lawyer can withdraw their representation. In no instance shall a lawyer take a case if it violates the Rules of Professional Conduct; and if they have already commenced representation then they must withdraw should it be in violation of the RPC or if the case violates any other law. If a lawyer’s physical or mental capabilities become impaired so that they are unable to perform the duties of representing their clients, then the attorney may terminate the case. In those instances that a lawyer is discharged, they can withdraw from the case as well.
Rule 1.16 b of the RPC
The second section, b of Rule 1.16 describes the kinds of circumstances which merit an attorney’s withdrawal from representing a client. The withdrawal must be completed in such a way that does not bring about an adverse effect on the interests of the client. In instances when the NJ attorney becomes aware that a client is attempting to use the services of the lawyer in a way that will perpetrate fraud or crime then the lawyer is ethically required to withdraw from the case. There are also times when a lawyer may feel that a client is being persistent in attempting to follow a course that is either fraudulent or criminal in intent. In these cases, the lawyer must withdraw from representation.
Occasionally an attorney will have a fundamental disagreement with a client; or times a client insists on the lawyer pursuing actions which they deem to be repugnant. The lawyer is not obligated to continue his representation in these cases. When a client substantially fails to meet their obligations, then an attorney may withdraw from the case as long as they give a sufficient notice ensuring that the client has adequate time to meet the required obligations. It is not typical for an attorney to withdraw from a case once representation has commenced.
Rule 1.16 c of the RPC
Section c of Rule 1.16 in the Rules of Professional Conduct contain the explanation of the legal ethics which require lawyers to give proper notice when they do terminate representation with a client. In instances where a lawyer is under order to provide representation then the attorney must not discontinue representation unless there is a valid reason for the representation to be terminated.
Rule 1.16 d of the RPC
In section d of Rule 1.16 the steps for terminating a client’s representation are clearly outlined. When making a withdrawal of representation the move must not compromise the client’s interests. Attorneys who withdraw from a case must provide a reasonable notice before doing so offering adequate time for clients to obtain other counsel. Any property or papers that the client is entitled to have to be surrendered and if any fees for services were paid in advance lawyers must refund the fees.
Rule 1.16 a of the RPC
The first section of Rule 1.16 explains that there are instance when an attorney is not allowed to provide representation for a client. In cases where representation has already commence, Rule 1.16 a explains the circumstances in which a lawyer can withdraw their representation. In no instance shall a lawyer take a case if it violates the Rules of Professional Conduct; and if they have already commenced representation then they must withdraw should it be in violation of the RPC or if the case violates any other law. If a lawyer’s physical or mental capabilities become impaired so that they are unable to perform the duties of representing their clients, then the attorney may terminate the case. In those instances that a lawyer is discharged, they can withdraw from the case as well.
Rule 1.16 b of the RPC
The second section, b of Rule 1.16 describes the kinds of circumstances which merit an attorney’s withdrawal from representing a client. The withdrawal must be completed in such a way that does not bring about an adverse effect on the interests of the client. In instances when the NJ attorney becomes aware that a client is attempting to use the services of the lawyer in a way that will perpetrate fraud or crime then the lawyer is ethically required to withdraw from the case. There are also times when a lawyer may feel that a client is being persistent in attempting to follow a course that is either fraudulent or criminal in intent. In these cases, the lawyer must withdraw from representation.
Occasionally an attorney will have a fundamental disagreement with a client; or times a client insists on the lawyer pursuing actions which they deem to be repugnant. The lawyer is not obligated to continue his representation in these cases. When a client substantially fails to meet their obligations, then an attorney may withdraw from the case as long as they give a sufficient notice ensuring that the client has adequate time to meet the required obligations. It is not typical for an attorney to withdraw from a case once representation has commenced.
Rule 1.16 c of the RPC
Section c of Rule 1.16 in the Rules of Professional Conduct contain the explanation of the legal ethics which require lawyers to give proper notice when they do terminate representation with a client. In instances where a lawyer is under order to provide representation then the attorney must not discontinue representation unless there is a valid reason for the representation to be terminated.
Rule 1.16 d of the RPC
In section d of Rule 1.16 the steps for terminating a client’s representation are clearly outlined. When making a withdrawal of representation the move must not compromise the client’s interests. Attorneys who withdraw from a case must provide a reasonable notice before doing so offering adequate time for clients to obtain other counsel. Any property or papers that the client is entitled to have to be surrendered and if any fees for services were paid in advance lawyers must refund the fees.