Withdrawal & Termination
Professional Responsibility · Lesson 07
Withdrawal & Termination
這一課問的是：律師何時得或必須退出代理？
ActorActObjectStandardConsequence
Issue · what this lesson is really about
When may or must a lawyer withdraw from representation?
這一課問的是：律師何時得或必須退出代理？
Trigger words & phrases that should flag this issue:
withdrawterminatefiredconflictmaterial harm
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
MR 1.16
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Declining or terminating representation.
MR 1.16。
mandatory withdrawal
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Required where representation would violate rules.
強制退出。
permissive withdrawal
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Allowed in certain circumstances without material harm.
選擇退出。
client discharge
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Client may discharge lawyer at any time.
客戶解雇。
retainer refund
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Unearned fees must be returned.
未用費用退還。
court approval
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Required in litigation.
法院同意。
protect client
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Lawyer must take steps to protect client interests on withdrawal.
保護客戶。
Rule Sentence · the workhorse
Under MR 1.16, a lawyer must withdraw when representation would violate the rules, the lawyer is physically or mentally unable, or is discharged; the lawyer may withdraw permissively where withdrawal causes no material harm to the client and other conditions are met; in litigation, court approval is required.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人lawyer + client律師 + 客戶
Act 行為withdrawing退出
Object 對象representation代理
Standard 法律標準MR 1.16MR 1.16
Consequence 後果representation ended代理終止
Casebook Snapshot · a real American case
Various state cases on lawyer withdrawal
Holding. Lawyer withdrawal during litigation requires court approval and protection of client interests; courts balance the lawyer's interest in withdrawing against potential prejudice to the client.
Why it matters. Courts protect client interests by reviewing withdrawal mid-litigation.
法院於訴訟中審查退出並保護客戶利益。
Common Mistakes · what trips students
✗ lawyer 可任意 withdraw。
✓ Permissive only if no material harm and complies with rules.
僅無傷害且符規則時。
Mini IRAC · build the Application
Issue. May lawyer L withdraw from representing C in pending litigation because C has refused to pay L's bills for three months?
Rule. Under MR 1.16(b)(5), a lawyer may withdraw if the client has substantially failed to fulfill a financial obligation and has been given reasonable warning; in litigation, court approval is required.
Application (model). C has not paid bills for three months despite L's reasonable warning. Because MR 1.16(b)(5) permits withdrawal for substantial nonpayment after warning, the fact that C has not paid for three months and received warning means permissive withdrawal grounds exist.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, L may withdraw with court approval, taking protective steps.
MBE Check · multiple choice
Halfway through litigation, client C tells lawyer L that L's continued representation will require L to assist in a fraudulent scheme. Must L withdraw?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: