职业行为准则

规则1.16 .拒绝或终止代表

 (a) (c)段规定的除外, 澳博app不得代理委托人或者代理人, 代理已开始, 在下列情况下，应退出代理客户:
        (1) The representation will result in violation of the 职业行为准则 or other law;
        (2) The lawyer’s physical or mental condition materially impairs the lawyer’s ability to represent the client; or
        (三)澳博app被解除职务.
   (b) (c)段规定的除外, a lawyer may withdraw from representing a client if withdrawal can be accomplished without material adverse effect on the interests of the client, 或者,如果:
        (1) The client persists in a course of action involving the lawyer’s services that the lawyer reasonably believes is criminal or fraudulent;
        (二)委托人利用澳博app服务实施犯罪或者欺诈行为的;
        (3) 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;
        (4) The representation will result in an unreasonable financial burden on the lawyer or obdurate or vexatious conduct on the part of the client has rendered the representation unreasonably difficult;
        (5)澳博app相信诚信, 在法庭的诉讼中, 法庭会找到其他正当理由撤回.
   (c) A lawyer must comply with applicable law requiring notice to or permission of a tribunal when terminating a representation. 当法庭命令这样做时, a lawyer shall continue representation notwithstanding good cause for terminating the representation.
   (d)与终止代理有关, a lawyer shall take timely steps to the extent reasonably practicable to protect a client’s interests, 例如给予客户合理的通知, 留出时间聘请其他澳博app, 交出委托人有权拥有的文件和财产, and refunding any advance payment of fee or expense that has not been earned or incurred. 澳博app可在规则1允许的范围内保留与委托人有关的文件.8(i).

评论

   [1] A lawyer should not accept representation in a matter unless it can be performed competently, 及时, 没有不当的利益冲突, 最后.

强制退出
   [2] A lawyer ordinarily must decline or withdraw from representation if the client demands that the lawyer engage in conduct that is illegal or violates the 职业行为准则 or other law. The lawyer is not obliged to decline or withdraw simply because the client suggests such a course of conduct; a client may make such a suggestion in the hope that a lawyer will not be constrained by a professional obligation.
   [3]当一名澳博app被指定代表委托人时, 退出通常需要任命机构的批准. 另请参阅 规则6.2. Difficulty may be encountered if withdrawal is based on the client’s demand that the lawyer engage in unprofessional conduct. 法院可能希望对撤诉作出解释, while the lawyer may be bound to keep confidential the facts that would constitute such an explanation. The lawyer’s statement that irreconcilable differences between the lawyer and client require termination of the representation ordinarily should be accepted as sufficient.

放电
   [4]委托人有权随时解雇澳博app, 有或没有原因, 以支付澳博app服务费用为前提. 未来可能发生的关于撤军的争议在哪里, 最好准备一份书面陈述，列举当时的情况.
   [5]委托人是否可以解雇指定的澳博app取决于适用的法律. 寻求这样做的客户应该得到对后果的充分解释. These consequences may include a decision by the appointing authority that appointment of successor counsel is unjustified, 因此要求客户继续 箴se.
   [6]如果客户能力下降, 委托人可能缺乏解聘澳博app的法律行为能力, 在任何情况下，解除合约都可能严重损害客户的利益. The lawyer should make a special effort to help the client consider the consequences and, 在极端情况下, may initiate proceedings for the appointment of a surrogate decision-maker or similar protection of the client.看到规则1.14.

可选的撤军
   [7]在某些情况下，澳博app可以退出代理. The lawyer has the option to withdraw if the withdrawal can be accomplished without material adverse effect on the client’s interests. Withdrawal is also justified if the client persists in a course of action that the lawyer reasonably believes is criminal or fraudulent, for a lawyer is not required to be associated with such conduct even if the lawyer does not further it. Withdrawal is also permitted if the lawyer’s services were misused in the past even if that would materially prejudice the client.
   [8] A lawyer may withdraw if the client refuses to abide by the terms of an agreement relating to the representation, 比如关于及时支付澳博app费的协议, 诉讼费或其他自付澳博app费, 或者一份限制代理目标的协议.

在客户退出时协助客户
   [9]即使澳博app被委托人不公平地解雇, 澳博app必须采取一切合理措施减轻对委托人造成的后果. The lawyer may retain papers as security for a fee only to the extent permitted by 规则1.8(i).

遵守法庭的规定
   [10] (c)款反映了澳博app可以, 出庭受审, become subject to the tribunal’s power in some circumstances to prevent a withdrawal that would otherwise be proper. Paragraph (c) requires the lawyer who is ordered to continue a representation before a tribunal to do so. 然而, paragraph (c) is not intended to prevent the lawyer from challenging the tribunal’s order as beyond its jurisdiction, 任意的, 或者其他不合适的, 在此期间, 继续表示.

退还客户财产或金钱
   [11] Paragraph (d) requires a lawyer to make timely return to the client of any property or money “to which the client is entitled.” Where a lawyer holds property or money of a client at the termination of a representation and there is a dispute concerning the distribution of such property or money – whether such dispute is between the lawyer and a client, 这个澳博app和另一个在这件事上被欠费的澳博app, or between either the lawyer or the client and a third party – the lawyer must segregate the disputed portion of such property or money, 按照规则1的要求以信托方式持有该财产或金钱.15，并立即分配任何无争议的金额. 看到 规则1.15及其评注[4]和[5]; 见In re Haar; 667 A.2d 1350 (D.C. 1995), 698 A.2d 412 (D.C. 1997). 尽管有上述规定, 澳博app对无可争议的财产或金钱有有效的留置权, the lawyer may continue to hold such property or money to the extent permitted by the substantive law governing the lien asserted. 看到一般 规则1.8, 1.15(b).