In estate administration it may be unclear whether the client is the fiduciary or is the estate or trust including its beneficiaries. The majority opinion determined that the date the client fired the attorney was the date that the attorney client relationship ended. However, the client's consent to the representation by the lawyer of another whose interests are directly adverse is insufficient unless the lawyer also believes that there will be no materially adverse effect upon the interests of either client. It is for the client to decide whether the client wishes to accommodate the other interest involved. Whether or not an attorney client relationship is ending on civil terms, it is good practice to document the end of the relationship. In those situations where the client is has not secured new counsel, the Rule requires that the motion state, among other things, that a copy of the motion be delivered to the client, that the client has been notified of their right to object, whether the client agrees to the withdrawal, and all pending settings and deadlines. Withdrawal from a matter is governed both by rules of procedure and disciplinary rules.
The deadline for making a filing with the court runs before the court grants the motion to withdraw.
1.06 Conflict of Interest: General Rule
For example, a lawyer may not represent multiple parties to a negotiation whose interests are fundamentally antagonistic to each other, but common representation may be permissible where the clients are generally aligned in interest even though there is some difference of interest among them. Problems in Ending Attorney Client Relationships Scope of Representation Attorney client relationship usually end on civil terms, but not always. The conflict in effect forecloses alternatives that would otherwise be available to the client. Screening and Sometimes Firing Clients May. The critical questions are the likelihood that a conflict exists or will eventuate and, if it does, whether it will materially and adversely affect the lawyers independent professional judgment in considering alternatives or foreclose courses of action that reasonably should be pursued on behalf of the client.