what are the laws in kentucky for a lawyer to withdraw

by Prof. Dolly Wehner 4 min read

Current Kentucky Rule with Official Comments: SCR 3.130(1.16) Declining or terminating representation Except as stated in paragraph (c), a lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if:

(b) Except as stated in paragraph (c), a lawyer may withdraw from representing a client if: (1) withdrawal can be accomplished without material adverse effect on the interests of the client; or (2) the client persists in a course of action involving the lawyer's services that the lawyer reasonably believes is criminal ...

Full Answer

When does a lawyer have to withdraw from a case?

If the client is using legal counsel to further criminal activity or insists on taking a legally frivolous position, the lawyer is also required to withdraw. Finally, and most importantly, a client terminating the lawyer's services requires the lawyer to withdraw as well.

When can students withdraw from school in Kentucky?

As a result of that process, students across Kentucky are no longer allowed to withdraw from school until their 18th birthday. That’s true even if they go to private school. (Ky.

What is a mandatory withdrawal from a case?

Situations that could give rise to an attorney's mandatory withdrawal from a case include: the attorney is not competent to continue the representation the attorney becomes a crucial witness on a contested issue in the case the attorney discovers that the client is using his services to advance a criminal enterprise

Why would a judge deny a motion to withdraw a motion?

One of the main reasons a judge would deny this motion is when the withdrawal of the lawyer would delay the trial date, or if the withdrawal comes too close to the time of the trial. If the judge denies a motion that has been filed due to ethical issues, the issues must be discussed in the court, which could really be a setback for the client.

Why would a lawyer withdraw from a client?

A lawyer must withdraw from representing a client under the following circumstances: (1) they are discharged by the client; (2) the client persists in instructing the lawyer to act contrary to professional ethics; (3) the lawyer is instructed by the client to do something that is inconsistent with the lawyer's duty to ...

What does withdraw a motion mean?

The “motion to withdraw” is a formal request asking the court to let you take back your plea. If the judge grants it, the proceedings will effectively “rewind” back to the arraignment. Any deals you made with the prosecution are undone, and you get a new chance at the trial.

What does it mean when a lawyer wants to withdraw?

A motion to withdraw is when a lawyer will file with the court to get the judge's permission to stop representing their client. Here are some instances when an attorney may file a motion to withdraw: The attorney is sick and cannot provide representation at the time.

When can a lawyer withdraw his services from the case?

A lawyer may withdraw his services from his client only in the following instances: (a) when a client insists upon an unjust or immoral conduct of his case; (b) when the client insists that the lawyer pursue conduct violative of the Code of Professional Responsibility; (c) when the client has two or more retained ...

How do you respond to a motion to withdraw?

To sustain the original complaint, the plaintiff is obliged to respond to a Motion to Dismiss.Carefully Read the Motion to Dismiss. ... Draft a Response to the Motion to Dismiss. ... Try to Show the Jurisdiction is Proper. ... Cite the Laws That Support Your Claim to Relief. ... Prove That the Venue is Proper.More items...•

What does it mean when a hearing is withdrawn?

A full withdrawal withdraws all issues that are raised in a hearing request. However, a partial withdrawal does not withdraw all issues raised in a hearing request, but withdraws at least one.

What happens if an attorney withdraws from a case?

If your lawyer does withdraw from the case, he or she must inform you and the court. However, the court may refuse an attorney's request and order him or her to continue to represent you.

What is it called when an attorney remove himself from a case?

Withdrawal from representation, in United States law, occurs where an attorney terminates a relationship of representing a client.

Can a lawyer refuse to represent someone?

A lawyer may refuse to act for a client, subject to his obligations of professional conduct.

What is it called when a lawyer doesn't do his job?

Legal malpractice is a type of negligence in which a lawyer does harm to his or her client. Typically, this concerns lawyers acting in their own interests, lawyers breaching their contract with the client, and, one of the most common cases of legal malpractice, is when lawyers fail to act on time for clients.

Can the lawyer refuse or reject a case of a certain client?

Rule 2.01 - A lawyer shall not reject, except for valid reasons, the cause of the defenseless or the oppressed. Rule 2.02 - In such cases, even if the lawyer does not accept a case, he shall not refuse to render legal advice to the person concerned if only to the extent necessary to safeguard the latter's rights.

When a client fails to pay its legal bills can a lawyer withdraw from the representation if so how?

A lawyer may withdraw if the client refuses to abide by the terms of an agreement relating to the representation, such as an agreement concerning fees or court costs or an agreement limiting the objectives of the representation.

Case History

  • Hughes was retained by Underwood to represent him for injuries sustained in a car crash. This agreement provided for Hughes to be paid on a contingency fee basis and, among other terms, provided that the firm would “assist the client in submitting medical bills for payment to any responsible insurance carrier or agency.” Hughes then requested and received from Underwood’…
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Supreme Court Analysis

  • The Supreme Court’s opinion is a clinic on when a lawyer is entitled to a quantum meruitfee. It teaches that there are different standards for determining whether quantum meruit is warranted depending on whether the client discharged the lawyer; or the lawyer withdrew from the representation. What follows is a break down of the Court’s guidance for each situation.
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Client Discharges The Lawyer

  • In Baker v. Shapero, 203 S.W.3d 697 (Ky. 2006), the Court established the rule that “when an attorney employed under a contingency fee contract is discharged without cause before completion of the contract, he or she is entitled to fee recovery on a quantum meruitbasis only, and not on the terms of the contract.” What is for cause? 1. The Court hel...
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Lawyer Withdraws from The Representation

  • Whether a withdrawing lawyer may recover a quantum meruitfee on the former client’s ultimate recovery turns on whether the lawyer’s reason for withdrawing constituted “good (or just) cause.” What is good (or just) cause? 1. “When the lawyer withdraws, the ethical and contractual duties and obligations owed to the client are paramount to the analysis. Broadly speaking, attorneys m…
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Managing The Risk

  • Document the File!: Too often lawyers fail to thoroughly document a contingency fee case as they would an hourly fee matter. When a fee dispute arises the court is presented with a sparse file apparently showing the lawyer had done little work on the case. Thorough documentation of a contingency fee dispute is the surest way of proving the value of legal services when a dispute a…
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