In an effort to talk about some of the more practical aspects of starting a law firm, I wanted to talk about the filing and withdrawing of an attorney appearance on behalf of a client.
When I began practicing, I didn’t have a good grasp on what it meant to file and appearance for a client. I knew I had to be competent and diligent in executing the case to the best of my ability. I knew I had to act as an officer of the court. I (thought) I knew I had to do everything in my power to protect my clients’ interests. But, I didn’t know that I couldn’t just get out of a case if my client wasn’t paying me or because the client was difficult to deal with.
I am not saying that you cannot withdraw your attorney appearance if the client is not paying you or if the client is being unreasonably difficult which is hindering your good faith representation. You can – IF the judge says you can. If you file an appearance on behalf of the client, guess what, you are on the hook for being the voice of your client before the court no matter what. That is a big responsibility and you should think of it that way. This also means that client selection is hugely important. It all really begins with that.
Most jurisdictions, and certainly Indiana (where I am licensed), require you to gain court approval before withdrawing your appearance on behalf of a client. You must file a motion and support that motion with facts which meet your jurisdiction’s withdrawal standards. You should also be VERY CAREFUL that you do not include facts that are going to hurt your client’s position because you still have a continuing duty to your client even if you are withdrawing. Thus, don’t include a silly letter that throws your client under the bus if you are withdrawing. There is simply no need for this. Furthermore, the judge may even set the withdrawal motion for hearing and you are going to be placed in the precarious position of supporting your withdrawal.
Now, what is the best way to withdraw without creating havoc for yourself, the court, the court staff, and your client? Get the client’s approval. Talk to your client about it. Make sure you are on the same wavelength about the withdrawal. This is important not only for your law firm and your client, but it helps keep a good reputation in the community. You don’t want clients feeling dumped and bad mouthing your law firm – even if the client is a total nightmare who doesn’t pay the legal services bill.
Furthermore, you need to put your client withdrawal rights into your engagement letter and/or Agreement for Legal Services. This is the document you have the clients sign and review when the attorney/client relationship starts. There should be very clear language in those documents that delineates when and how you will be able to withdraw from representation; e.g. failure to pay you. This is helpful for both withdrawing your appearance and for legal malpractice reasons. In fact, I need to write a post entirely dedicated to the importance of the Agreement for Legal Services.
What I am trying to say is that you have to be above pettiness when starting a law firm. This should sound obvious, but I practice with several local attorneys who sometimes don’t seem to understand this. Again, as a lawyer, you are an officer of the court and you need to act like it. I try (and big emphasis on the word try) to rise above the fray and be as ethical and as faithful to my clients’ best interests no matter how much I may want to act otherwise. That way I hope my new law firm is ahead of the curve.