Can Your Attorney Drop Your Case in New Jersey?

Can an Attorney Fire Their Client in New Jersey?

Many clients are surprised to learn that the attorney-client relationship is not always permanent. Even after a lawyer has been retained, there are circumstances in which an attorney may terminate representation—often referred to as “withdrawing” from a case.

In New Jersey, the rules governing when and how an attorney can withdraw are set forth in Rule of Professional Conduct (RPC) 1.16. These rules ensure that while attorneys may have valid reasons to end representation, they must do so ethically and responsibly, without unfairly harming the client.

When Can an Attorney Withdraw?

Under RPC 1.16(b), a lawyer may withdraw from representing a client in certain situations, including:

1. No Adverse Impact: Withdrawal can occur if it will not materially harm the client’s interests.
2. Criminal or Fraudulent Conduct: If the client persists in a course of action involving the lawyer’s services that the lawyer reasonably believes is criminal or fraudulent.
3. Use of Legal Services for Fraud: If the client has already used the lawyer’s services to commit a crime or fraud.
4. Fundamental Disagreement: If the client insists on taking action the lawyer finds repugnant or fundamentally disagrees with.
5. Failure to Fulfill Obligations: If the client fails to pay fees or otherwise meet obligations after reasonable warning.
6. Unreasonable Financial Burden or Difficulty: If the representation has become financially unreasonable or excessively difficult due to the client’s conduct.
7. Other Good Cause: Any other valid reason recognized under the rules.

In most cases, an attorney must provide notice to the court and often obtain the court’s permission before officially withdrawing. See RPC 1.16(c).

The Attorney’s Duty When Withdrawing

Even when withdrawal is justified, the attorney cannot simply walk away. Under RPC 1.16(d), the lawyer must take reasonable steps to protect the client’s interests, which include:

• Giving the client adequate notice of withdrawal;
• Allowing sufficient time for the client to find new counsel;
• Turning over the client’s file to the client or new attorney; and
• Refunding any unearned fees, if applicable.

These safeguards exist to ensure that a client is not left stranded or prejudiced by the lawyer’s withdrawal.

When to Seek Legal Advice

If you believe your attorney withdrew from your case without proper notice, failed to protect your interests, or caused harm in the process, you may have a legal malpractice claim.

Contact Simon Law Group, LLC 800-709-1131 or text us at  908-864-4450 to speak with our experienced legal malpractice attorneys. We can review your situation, explain your rights, and help you determine the best course of action.