3.5 [ABROGATED] Withdrawal From Employment

Text of Rule effective until August 1, 2009.

(a) General Rules.

(1) 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.

(2) A lawyer shall not withdraw from employment until the lawyer has taken reasonable steps to avoid foreseeable prejudice to the rights of the lawyer's client, including giving due notice to the client, allowing time for employment of other counsel, delivering to the client all papers and property to which the client is entitled, and complying with applicable laws and rules.

(3) Withdrawal shall not be conditioned upon payment by the client for services to date; and a lawyer who withdraws from employment shall refund promptly any part of a fee paid in advance that has not been earned.

(4) It shall not be a violation of 3.5(a) to cease or limit representation in accordance with Rule 3.4(i).

(b) Mandatory Withdrawal.

(1) If a lawyer knows, or should know, that the lawyer or a lawyer in the lawyer's firm is likely or ought to be called as a witness in litigation concerning the subject matter of the lawyer's employment, the lawyer and the lawyer's firm shall withdraw from representation at the trial unless the court otherwise orders. This rule does not apply to situations in which the lawyer would not be precluded from accepting employment under Rule 3.4(g)(1)(ii).

(2) A lawyer representing a client before a tribunal, with its permission if required by its rules, shall withdraw from employment, and a lawyer representing a client in other matters shall withdraw from employment if:

(i) The lawyer knows, or 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;

(ii) The lawyer knows, or should know, that the lawyer's continued employment will result in violation of these Rules;

(iii) The lawyer's mental or physical condition renders it unreasonably difficult for the lawyer to carry out the employment effectively; or

(iv) The lawyer is discharged by the client.

(c) Permissive Withdrawal. Other than as provided in these rules a lawyer may not request permission to withdraw in matters pending before a tribunal, and the lawyer may not withdraw in other matters, unless:

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

(2) The client personally seeks to pursue an illegal course of conduct;

(3) The client insists that the lawyer pursue a course of conduct that is illegal or that is prohibited under these rules;

(4) The client by other conduct renders it unreasonably difficult for the lawyer to carry out the lawyer's responsibilities;

(5) The client insists that the lawyer engage in conduct that is contrary to the judgment and advice of the lawyer even though not prohibited by these rules;

(6) The client deliberately disregards an agreement with, or obligation to, the lawyer as to expenses or fees;

(7) The lawyer's continued employment is likely to result in a violation of these rules;

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

(9) The lawyer's mental or physical condition renders it difficult for the lawyer to carry out the employment effectively;

(10) The client knowingly and freely assents to termination of the employment; or

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