Can you ethically withdraw from representing a client if you fear contracting COVID-19 as a result of some aspect of the representation? Earlier this month, the New York State Bar Association issued an ethics opinion that said “Yes,” provided that the lawyer gets any necessary permission from a tribunal. While advisory for New York lawyers
Old-time lawyers say that it used to be easy to get the court’s permission to withdraw from a case. You would just go to the judge and state, “Your Honor, we are not ready to go forward, and I am seeking leave to withdraw, because Mr. Green has not arrived.” You know: “Mr. Green” aka the moolah, aka the promised fee from the client. And, so the story goes, the judge would bang the gavel and grant your motion.
Continue Reading What can you say when the client doesn’t pay? ABA opinion gives withdrawal guidance