Bar Bulletin

Bar Bulletin

The Grounds for, and Mechanics of, Withdrawal (Part Two)

January 2021 Bar Bulletin

By Mark Fucile and Mark Johnson

(Second of two parts)

We continue with our article from the December issue.

Statistics from the WSBA Office of Disciplinary Counsel’s most recent annual report reflect that nearly nine percent of cases where discipline was imposed involved violations of the withdrawal rule, RPC 1.16.16 Statistics from the ABA also reflect that asserted improper withdrawal has also long formed a distinct class of legal malpractice cases.17 Last month, we surveyed the mandatory and permissive grounds for withdrawal under, respectively, RPCs 1.16(a) and (b).

This month, we’ll turn our attention to the “mechanics” of withdrawal — court permission under RPC 1.16(c) and file transition...

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