1990 Illinois Rules of Professional Conduct

RULE 1.16   Declining or Terminating Representation [revisions to 1990 Rule are indicated as follows: text deleted from the 1990 Rule is shown by strikethrough; additions to the 1990 Rule are shown in red]

(a) 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:

 (a)    A lawyer representing a client before a tribunal shall withdraw from employment (with permission of the tribunal if such permission is required), and a lawyer representing a client in other matters shall withdraw from employment, if:

(1)   the lawyer knows or reasonably should know that the client is bringing the legal action, conducting the defense, or asserting a position in the litigation, or is otherwise having steps taken, merely for the purpose of harassing or maliciously injuring any person;

(2)   (1) the lawyer knows or reasonably should know that such continued employment representation will result of in violation of these Rules of Professional Conduct or other law;

(3)  (2) the lawyer's mental or physical or mental condition renders it unreasonably difficult for materially impairs the lawyer's ability to carry out the employment effectively represent the client; or

(4) (3)  the lawyer is discharged by the client.

(b)    Except as required in Rule 1.16(a), a lawyer shall not request permission to withdraw in matters pending before a tribunal, and shall not withdraw in other matters, unless such request or such withdrawal is because:

(1)   the client:

(A)   insists upon presenting a claim or defense that is not warranted under existing law and cannot be supported by a reasonable argument for an extension, modification, or reversal of existing law;

(B)   seeks to pursue an illegal course of conduct;

(C)   insists that the lawyer pursue a course of conduct that is illegal or prohibited by these Rules;

(D)   by other conduct renders it unreasonably difficult for the lawyer to carry out the employment effectively;

(E)   insists, in a matter not pending before a tribunal, that the lawyer engage in conduct that is contrary to the judgment and advice of the lawyer although not prohibited by these Rules; or

(F)   substantially fails to fulfill an agreement or obligation to the lawyer as to expenses or fees;

(2)   the lawyer's inability to work with co‑counsel indicates that the best interests of the client likely will be served by withdrawal;

(3)   the client consents to termination of the lawyer's employment after disclosure; or

(4)   the lawyer reasonably believes that a tribunal will, in a proceeding pending before the tribunal, find the existence of other good cause for withdrawal.

(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;

 

(2) the client persists in a course of action involving the lawyer's services that the lawyer reasonably believes is criminal or fraudulent;

 

(3) the client has used the lawyer's services to perpetrate a crime or fraud;

 

(4) the client insists upon taking action that the lawyer considers repugnant or with which the lawyer has a fundamental disagreement;

 

(5) the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer's services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled;

 

(6) the representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client; or

 

(7) other good cause for withdrawal exists.

(c)    If permission for withdrawal from employment is required by the rules of a tribunal, a lawyer shall not withdraw from employment in a proceeding before that tribunal without its permission.

(c) A lawyer must comply with applicable law requiring notice to or permission of a tribunal when terminating a representation. When ordered to do so by a tribunal, a lawyer shall continue representation notwithstanding good cause for terminating the representation.

(d)    In any event Upon termination of representation, a lawyer shall not withdraw from employment until the lawyer has taken take steps to the extent reasonablely steps to avoid foreseeable prejudice to the rights of the practicable to protect a client's interests, including giving due such as giving reasonable notice to the client, allowing time for employment of other counsel, delivering to the client all surrendering papers and property to which the client is entitled, and complying with applicable laws and rules refunding any advance payment of fee or expense that has not been earned or incurred. The lawyer may retain papers relating to the client to the extent permitted by other law..

(e)    A lawyer who withdraws from employment shall refund promptly any part of a fee paid in advance that has not been earned.

Adopted February 8, 1990, effective August 1, 1990.