One of the most sensitive decisions a lawyer can make is whether to withdraw from a case. It often arises when the client becomes uncooperative, stops paying, insists on unethical conduct, or simply breaks down the working relationship. But in California, withdrawing from representation isn’t just a business decision—it’s an ethical one, governed by Rule 1.16.
Let’s make something clear: you cannot abandon a client simply because things have gotten hard. Rule 1.16 requires “good cause” and, if in litigation, permission from the court.
So what qualifies as “good cause”? Here are examples I regularly advise clients on:
- The client insists on presenting false evidence or lying under oath.
- The client refuses to follow your legal advice and insists on pursuing a meritless claim.
- Non-payment of fees, especially if the client has been warned and given time to cure.
- A complete breakdown in communication or trust that renders representation impossible.
But even when there’s good cause, your obligations don’t end there.
You must take steps to avoid foreseeable prejudice to the client. That includes giving reasonable notice, allowing time for the client to find new counsel, returning all papers and property (even if you haven’t been paid), and refunding any unearned fees.
What many lawyers don’t realize is that Rule 1.16 is one of the most common sources of complaints from clients. I see it in Bar complaints all the time: “My lawyer abandoned me right before trial,” or “They refused to give me my file unless I paid the final bill.” These are ethics violations—even if you think the client was in the wrong.
And if your case is in court, you cannot just file a substitution and walk away. You must request leave to withdraw under Code of Civil Procedure § 284 and “Rule 1.16.” Until the court grants it, you remain counsel of record. That means you’re still responsible for deadlines, filings, and appearances.
I help law firms develop internal guidelines for client exits, especially in contingency or family law matters where emotions can run high and the ethics are nuanced. Withdrawal is sometimes necessary—but only if done ethically, clearly, and with the client’s rights preserved.
Walking away from a case isn’t an escape hatch. It’s a professional decision that must be made with care—and well-documented.