QUESTION: Attorney has reason to believe that a Trustee misappropriated, and perhaps stole, funds from a Trust. Since Attorney represented the Trustee, is Attorney permitted to notify and inform the other beneficiaries of the Trustee's management of the Trust and of Attorney's suspicions? To Attorney's knowledge, the other beneficiaries have received no information regarding the Trust, and they have not contacted Attorney. ANSWER: Attorney may not disclose the information to the other beneficiaries, unless Attorney has the consent of the Trustee. If the Trustee will come forward with the necessary information, Attorney may continue to represent the Trustee in attempting to resolve any problems. It is permissible for Attorney to advise the Trustee that Attorney will withdraw if the Trustee is unwilling to take the steps Attorney believes to be necessary, including consenting to disclosure to the other beneficiaries. It is also permissible for Attorney to withdraw, at this point, regardless of the steps the Trustee is willing to take. If the Trustee is not willing to take the steps necessary to resolve the problem and Attorney believes that the Trustee's conduct is fraudulent or criminal, Attorney must withdraw if Attorney's representation would assist the fraudulent or criminal activity.

QUESTION: Attorney's law firm recently lost the attorneys in its litigation department and those attorneys are not able to continue to handle the litigation. Before leaving, one of the attorneys won a trial on a personal injury case. The case was reversed and remanded for new trial. Attorney's firm does not have anyone who can represent this client adequately. Attorney's firm has been unsuccessful in securing other counsel for the client. The case is not on a trial docket. May Attorney's firm withdraw under these circumstances?

ANSWER: It is permissible for Attorney's firm to seek to withdraw, if you the firm can do so at a time that will not be materially adverse to the client. Whether a case is on a trial docket would be one factor in determining whether withdrawal, at a given time, will be materially adverse. However, there could be other factors to consider, such as discovery, court orders, etc. If there are no factors that will cause withdrawal to be materially adverse to the client, Attorney's firm may seek to withdraw, notwithstanding the fact that the client has been unable to find other counsel.

Whether Attorney's firm is permitted to withdraw is entirely in the discretion of the court. If the court refuses to allow withdrawal, under Rule 4-1.16(c), Attorney's firm must stay in the case and represent the client. Attorney's firm should be sure to inform the court of its concerns about its ability to adequately represent the client, in the course of seeking leave to withdraw.

QUESTION: If Attorney sends a client a courtesy copy of all pleadings at the time of filing and a copy of all pleadings filed by opposing counsel (with a notation that it is a courtesy copy for the client's information and safekeeping), is it necessary to copy the file and provide the documents again to the client? May attorney charge for copies of documents previously sent to client?

ANSWER: It is permissible for copies provided to the client during the course of the representation to serve as client's file, or a portion of the client's file, if two conditions are met. First, Attorney would have had to provide an explanation of this process prior to sending the copies. Second, the original of the file belongs to the client. Therefore, if there is an original in the file, a copy does not fulfill the obligation to the client unless the attorney and client have agreed that it will. If both conditions are not met, attorney should provide the file to the client and keep copies at Attorney's own expense.

QUESTION: Attorney represented client in a matter which is now concluded. Attorney advanced funds for court reporter fees and transcripts. The client has requested copies of the transcripts, but has not reimbursed Attorney for these expenses. Must Attorney provide copies of the transcripts to the client? ANSWER: Rule 4-1.16 requires Attorney to return the client's property to the client at the conclusion of the representation. However, under Formal Opinion 115, as amended, Attorney may withhold items for which Attorney has paid out-of-pocket and has not been reimbursed.

ADVISORY COMMITTEE
MISSOURI BAR ADMINISTRATION

FORMAL OPINION #115, as amended

ATTORNEY MAY NOT WITHHOLD PROPERTY BELONGING TO HIS CLIENT TO ENFORCE PAYMENT OF FEES OR EXPENSES.

Question: May a Missouri Attorney ethically withhold from his client papers, books, documents or other personal property which belong to the client and came to the attorney in the course of his professional employment to enforce payment of fees or expenses owed to the attorney by the client?

Answer: It is the opinion of the Advisory Committee that under the Rules of Professional Conduct, such action by an attorney is improper. The Advisory Committee is of the opinion that the file belongs to the client, from cover to cover, except for those items contained within the file for which the attorney has borne out-of-pocket expenses such as, but not limited to, transcripts. The attorney may retain those items until such time as he is reimbursed for the out-of-pocket expense and then they must be immediately delivered to the client. Those items which have commonly been denominated as "work product" of the attorney actually belong to the client because those are the result of services for which the client contracted.

The basis given for such action by attorneys in Missouri has been the so-called Attorney's Common Law Retaining Lien, said lien having existed in the English Common Law and being recognized in a number of states, of which Missouri is not one. It is strictly a passive lien inasmuch as the attorney has no power to enforce payment other than to embarrass, inconvenience or to cause worry to the client by the withholding of his papers. The legal question of whether or not the Attorney's Common Law Retaining Lien exists has not been affirmatively answered by the Missouri courts.

The Advisory Committee recognizes the Statutory Attorney's Lien created in Missouri by the act of 1901 and it, in no way, is affected by this Opinion. This Lien is embodied in Sections 484.130 and 484.140 of the Missouri Revised Statutes 1986. It has been held to give the attorney a lien on the fund or funds produced for the client by his action where he filed a petition or counterclaim and/or where he has given sufficient notice to the defendant of the existence and nature of his contract with the plaintiff.

Even if the Attorney's Common Law Retaining Lien were deemed to be in existence, the question of the ethical propriety of its exercise must still be answered with reference to the Rules of Professional Conduct. The situations under which this question normally arise will be where the attorney has withdrawn from the representation of his client or where the client has discharged the attorney because the representation has been completed or prior to the time of the completion of the representation. For purposes of this discussion, however, the aforementioned situations do not differ inasmuch as [Rule 1.15(b)] of Missouri Supreme Court Rule 4 states, "Upon receiving funds or other property in which a client or third person has an interest, a lawyer shall promptly notify the client or third person. Except as stated in this Rule or otherwise permitted by law or by agreement with the client, [a lawyer shall promptly deliver to the client or third person any funds or other property that the client or third person is entitled to receive] and, upon request of the client or third person, shall promptly render a full accounting regarding such property." Furthermore, [Rule 1.16(d)] of Rule 4 of the Missouri Supreme Court Rules states that ["[u]pon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client's interest, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payment of fee that has not been earned.] The lawyer may retain papers relating to the client to the extent permitted by other law." (Emphasis added.) If a lawyer wishes to keep a copy of the file for his own use or protection, then the lawyer must bear the costs of copying the file.

The above quoted disciplinary rules require the lawyer to turn over such property to which the client is "entitled." It could be argued that the disciplinary rules constitute an exception which would include the property over which the lawyer has a recognized lien. However, in the opinion of the Advisory Committee, for a lawyer to force payment of his fees or expenses by resorting to a lien which can only be effective by causing embarrassment, inconvenience or worry to his client is for the lawyer to act in a manner totally inconsistent with the above-cited disciplinary rules and, further, is inconsistent with the spirit of his professional responsibility. This is particularly true since other methods are available for use by an attorney for the collection of those fees and expenses to which he may be legally entitled.

Adopted March 4, 1988

QUESTION: Attorney filed a personal injury lawsuit for Husband and Wife. Husband was severely injured. Attorney filed a lawsuit on behalf of Husband for his injuries and included a count for loss of consortium for Wife. Husband and Wife are now getting a divorce. Husband wants Attorney to withdraw as counsel for Wife. Is it ethical for Attorney to withdraw from representing Wife, but continue to represent Husband? Attorney is not representing either party in the dissolution action. No trial date has been scheduled in the personal injury lawsuit. Attorney has asked Wife to consent to Attorney's withdrawal or a dismissal without prejudice of her case, but has not received any response. ANSWER: This presents three questions. QUESTION 1: Must Attorney withdraw from representing Wife simply because Husband wants Attorney to do so? ANSWER 1: Probably not. Rule 4-1.16 provides that an attorney may withdraw if it can be accomplished without material adverse effect on the interests of the client (i.e., Wife). In this case, Attorney will have to consider whether that can be accomplished. Relevant factors to consider may include: if Wife's interests in this case are directly contingent on pursuit of Husband's claim; the need for her to get substitute counsel and possibly the likelihood of whether she will be able to do so. In other words, Attorney also has duties to Wife as client, which Attorney must consider before withdrawing from her representation. QUESTION 2: Is there a conflict that requires Attorney to withdraw from representation of Wife? ANSWER 2: Rule 4-1.7(a) cautions that a lawyer shall not represent a client if the representation will be directly adverse to another client, and provides certain caveats. Attorney needs to evaluate: Is the representation of Wife directly adverse to Husband? Attorney should assess how Attorney's individual clients would perceive this issue. If it is directly adverse, Attorney can't represent them both (unless they consent.) The Rule goes on to say that even if representation is directly adverse, the lawyer can proceed, if Attorney reasonably believes the representation will not adversely affect the relationship with the other client. Again, this is something for Attorney to evaluate under the circumstances of Attorney's relationship to both these clients; the strategies and legal theories Attorney will have to employ; the involvement that will be required between the clients and Attorney; perhaps even the level of animosity between the clients and how that will affect Attorney's representation of both. If both clients consent, Attorney can represent them both, but obviously Husband is requesting that Attorney withdraw at this point. Perhaps Attorney wants to consider whether exploring the reasons for his objection to Attorney's continued representation can be addressed through some other means, short of withdrawing. What is his real concern? Is there a genuine conflict here or does he simply not want to face encounters with Wife? Rule 4-1.7(b) prohibits representation of a client where the representation would be materially limited by the lawyer's responsibilities to another client or by the lawyer's own interests, unless the client consents. Again, this is a similar analysis as above. It may be appropriate to consider: Is Attorney's sense of loyalty to one of the clients affected by the circumstances; is there confidential information that Attorney has gained from one of the clients that the client does not wish Attorney to disclose to the other or to disclose within the lawsuit? If representing either of them will materially limit Attorney's responsibility to the other, Attorney cannot represent them both. QUESTION 3: If Attorney does withdraw from representing Wife, can Attorney continue to represent Husband? ANSWER 3: Yes, unless Husband's interests in this case are materially adverse to Wife's interests in the case and she won't consent. Rule 4-1.9 relates to former clients and may apply to Wife if Attorney continues to represent Husband after withdrawing from her representation. The primary concern here is for the appearance of disloyalty to the former client, as well as the misuse of confidential information of the former client to their disadvantage. It may be that there is confidential information that she would consider embarrassing and she would not want disclosed, or that could affect her position in the divorce action and would then be in the public record in the personal injury case. These are certainly areas of potential conflict, which Attorney will have to assess and discuss with the client. Attorney would need to request her consent to disclosure pursuant to Rule 4-1.6 (Confidentiality).

QUESTION: Attorney would like to add a provision to Attorney´s standard engagement letter for civil cases, particularly domestic relations cases. Is it permissible to state in the engagement letter that if the client does not make payment, Attorney will stop working on his or her case? Attorney would like to state that Attorney will not continue to work on a client´s case if no payments are made. ANSWER: Attorney may not include the provision Attorney proposes in Attorney´s engagement letter. Under Rule 4-1.3, Attorney has an obligation to diligently represent Attorney´s client, unless Attorney withdraws. If Attorney has not been paid, Attorney´s option is to continue to diligently represent the client and seek payment, or seek to withdraw. Attorney may seek to withdraw under Rule 4-1.16(b), only if withdrawal may be accomplished without ´material adverse effect on the interests of the client.´

QUESTION: Attorney is representing Client in a traffic matter. Client has a friend who is a friend of the Judge. Client had her friend contact the Judge regarding the traffic violation. The Judge responded that he could not speak about the case. What are Attorney´s ethical violations concerning either mandatory or discretionary withdrawal? ANSWER: Attorney should advise Client to cease this type of activity and contact. If Client is willing to do so, Attorney may remain in the case. If Client is not willing to do so, Attorney must withdraw.

QUESTION: Attorney´s office has thousands of closed files. Many of the files are over five years old. If Attorney sends a letter to the last known address of the former client, based upon information in the closed file, notifying the former client of Attorney´s intent to destroy the file within ten days absent a reply indicating the former client wishes to pick up the old file, may Attorney destroy the file if Attorney receives no reply by the deadline or if the letter comes back as undeliverable? ANSWER: The time frame Attorney proposes and the options Attorney has suggested are not sufficient. The files are Attorney´s clients" property and Attorney should develop procedures that take into consideration the best interests of the clients. Attorney should allow a substantial period of time after notice is sent to the last known address. Attorney should also allow the clients the option of arranging with Attorney for the client to pay to have the file mailed or shipped to the client. It is not reasonable to expect every client to come to Attorney´s office. The best time to address the issue of file disposition is during the representation and at the conclusion of the representation.

QUESTION: May Attorney remove notes from the file before it is turned over to a former client? The information consists of Attorney´s impressions about the case, as well as Attorney´s comments and thoughts made during telephone calls about the case and during meetings with Attorney´s staff and clients. A separate research file was maintained for Attorney´s research notes regarding the case. ANSWER: Based upon the information Attorney has provided and the nature of the material in question in this case, the notes are part of the file which must be provided to the client. Please see Formal Opinion 115, as amended.

QUESTION: Attorney is considering terminating the association with Attorney´s current employer. Attorney plans to open a firm or seek employment with another firm. Attorney believes that because Attorney is materially involved in the representation of the firms clients, and many of the clients perceive Attorney to be their attorney, that the clients should be notified of Attorney´s departure. What is Attorney´s obligation to inform clients of the impending change? ANSWER: Attorney has a duty, individually or in cooperation with the firm, to notify the clients whose cases Attorney primarily handled or with whom Attorney had significant contact, that Attorney is leaving the firm. The client should also be informed that they have the option of being represented by Attorney or the firm, (if both are willing and able to do so), or by some other attorney of their choice. The Supreme Court of Missouri addressed this issue in the recent case of In Re Cupples, No. 79063 (Mo.banc 1997).

QUESTION: Attorney has decided to close the law office and relocate out of state. Attorney will continue to represent certain clients in pending matters until they are completed and other matters will be referred to other attorneys. Question 1. May Attorney transfer files to other attorneys and advise clients that Attorney has done so, or should Attorney withdraw from the cases and request that the clients find another attorney? Question 2. May Attorney amend Attorney´s business card and letterhead to reflect Attorney´s new out of state location and continue to represent clients with the out of state letterhead as long as Attorney is in good standing with the Missouri Bar? Question 3. May Attorney represent corporate clients from out of state with trips to Missouri as conditions require using Attorney´s out of state letterhead? Question 4. May Attorney obtain a position as a paralegal in a state where Attorney is not admitted, but serve Missouri clients in Missouri matters? ANSWER: Question 1. Attorney may not transfer Attorney´s clients" files to other attorneys without first obtaining the consent of Attorney´s clients. Attorney may recommend other attorneys to Attorney´s clients and transfer the files with the consent of Attorney´s clients. Questions 2., 3. and 4. As a non-resident member of The Missouri Bar who does not maintain an office in Missouri, Attorney´s ability to practice in Missouri is governed by Missouri Supreme Court Rule 9.02. It will be necessary for Attorney to check with the state in which Attorney will be residing to determine whether the reciprocity contemplated by the rule is available. Unless Attorney is licensed to practice law in the other state, there is a high probability that the conduct Attorney is proposing, including the continued representation of Attorney´s Missouri clients, would constitute the unauthorized practice of law in that state. If Attorney engages in the unauthorized practice of law in another state, Attorney would violate Missouri Supreme Court Rule 4-5.5. The laws of the state in which the conduct occurs would govern whether Attorney is engaging in the unauthorized practice of law in that state. Various officials in that state may have jurisdiction regarding the unauthorized practice of law.

QUESTION: X was seeking representation for pending litigation involving a personal injury claim. X gave Attorney the file to review. Attorney reviewed the file and decided not to take X´s case. Attorney notified X that Attorney was not interested and requested that X make arrangements to pick up the file. X failed to respond to Attorney´s request. It has been more than a month and the file is still at Attorney´s office while the litigation is ongoing. What may Attorney do with the file? ANSWER: Attorney may return X´s file by personal delivery or by a mail or delivery service which has a tracking system. Attorney may not destroy X´s file. Attorney may make a copy at Attorney´s own expense for Attorney´s protection.

QUESTION: May Attorney include language in the initial contract with the client that indicates that Attorney may destroy the contents of the file a specific time after the file is closed. Attorney will provide the client the option of indicating, at the beginning of the representation or later, that the client wants possession of the file. ANSWER: Attorney may include such a provision in Attorney´s Attorney/Client contract. Despite these terms, Attorney should remind Attorney´s clients of the provisions regarding file storage at the time the file is closed. Additionally, it is Attorney´s responsibility to make sure that these terms are adequately communicated to the client at the time they enter into the contract.

QUESTION: Attorney represents a client in a matter which is set for hearing in several months. The client did not divulge certain information to Attorney which Attorney has now learned. If Attorney had been aware of this information, Attorney would not have taken the case. May Attorney seek to withdraw? ANSWER: Attorney may withdraw, if Attorney is allowed by the tribunal to do so, as long as Attorney is not at a point in the proceedings such that the withdrawal will have a materially adverse effect on Attorney´s client.

QUESTION: Attorney has lost contact with the clients. Attorney wishes to withdraw. What is Attorney required to do to notify the clients? ANSWER: Attorney has a duty to take all reasonable steps to contact the clients. It is unclear from the information Attorney has provided whether Attorney has taken sufficient steps under the circumstances. Attorney is not required to hire a private investigator but Attorney should conduct a reasonable investigation. Attorney has not indicated whether Attorney has checked with various agencies or businesses that may have received notification of an address change. The Department of Revenue (drivers and motor vehicle licenses), employers, banks and relatives all may be appropriate to contact, depending on the circumstances. Attorney is not required to give notification to the clients by publication if Attorney is unable to contact them any other way, but Attorney may do so. Attorney should also seek guidance from Attorney´s malpractice insurer´s claims prevention office, regarding any additional steps they may recommend.

QUESTION: Attorney asks about Attorney´s obligations to a client with whom Attorney has brief in-person or telephone contact but whose case Attorney declines. What obligation does Attorney have to inform the client of the statute of limitations? Does it matter how much initial investigation Attorney has done? ANSWER: Under Rule 4-1.16 Attorney must take steps reasonably practicable to protect the client´s interests. However, the extent of the information which attorney must provide the client regarding the statute of limitations relates more to malpractice than to ethical standards. The Missouri Bar operates a risk management program which attorney can reach at 1-800-555-9721.

QUESTION: Attorney will be leaving the firm. Attorney asks about the obligation to inform the clients Attorney brought to the firm and the clients whom Attorney is currently representing. Attorney asks whether the firm file is available to clients who wish to be represented by Attorney or someone else outside the firm. ANSWER: Attorney does have an obligation to inform clients Attorney brought to the firm and clients whom Attorney is currently representing of Attorney´s departure. The firm has a concurrent obligation to make sure that these clients are informed. There is no set procedure for accomplishing this notification. It is best if the firm and the attorney who is leaving work together on this matter. Regardless of who informs the client, the client may be told that the client has the option of staying with the firm, going with the attorney or going with any other attorney of the client´s choice. Of course, if either of the first two choices are not available due to conflicts or some other reason, the client should not be presented with the option that is not available. The original of the file on the case belongs to the client. Therefore, the attorney or firm chosen by the client should have the original file unless the client consents to receiving only a copy. This should be accomplished by working with the firm. If the firm has advanced expenses to purchase items, such as copies of records or transcripts, it does not have to relinquish those items until it has been reimbursed. Formal Opinion 115, as amended, addresses this topic.

QUESTION: Attorney asks which files Attorney may destroy versus which files Attorney must retain. ANSWER: No provision of Supreme Court Rule 4, the Rules of Professional Conduct, specifically addresses file retention. However, the original file actually belongs to the client. Therefore, Attorney should not destroy an original file without the consent of the client. Attorney may obtain the consent of the client by notifying the client that Attorney will retain the file for a certain period of time after which it will be destroyed or by specifically asking the client for permission to destroy the file. Of course, Attorney must inform the client that the client has the right to take possession of the file at any time. Additionally, Attorney may not destroy an item within a file which has inherent value if it has been left with Attorney for safekeeping. If the files about which Attorney is concerned are copies of files, Attorney may establish Attorney´s own file retention program. Various law practice management books contain suggestions regarding this topic. The Law Practice Management Information Center at The Missouri Bar has publications on this topic available for loan. For information on this center, contact Linda Oligschlaeger at 314-635-4128. Attorney may also want to consult with Attorney´s malpractice insurance carrier on this topic.

QUESTION: Attorney is the trustee in bankruptcy for an attorney who is now deceased. The deceased attorney had closed client files from many years of practice. What should the trustee do about the files? ANSWER: Rule 5.24 provides a mechanism for appointment of a trustee to wind up the practice of a deceased attorney. That rule would not prohibit the bankruptcy trustee from also being the trustee for the practice. The attorney who is appointed trustee under Rule 5.24 should make an effort to return the files to the clients.

QUESTION: Attorney has recently learned that a conservator whom attorney represents may have attempted to misappropriate funds. Attorney has come into possession of a check representing money belonging to the estate which the conservator has attempted to improperly obtain. Attorney also has received information that the conservator may have misappropriated estate funds in a previous year. What may attorney do with the check? What may attorney do regarding notifying the conservator´s bonding company? What are Attorney´s duties to the subject of the conservatorship? ANSWER: The information is covered by Rule 4-1.6, client confidentiality. Attorney may not communicate the information to anyone other than the conservator unless the conservator has consented or gives consent in the future. Attorney must attempt to persuade the conservator to remedy these problems. If conservator is unwilling to remedy these problems, Attorney must return the check to the court without explanation and withdraw from the representation. Attorney may inform the bonding company of Attorney´s Motion for Leave to Withdraw. Attorney´s duties to the subject of the conservatorship are discharged by persuading the conservator to rectify the wrongful conduct. Alternatively, Attorney´s duties are discharged by seeking to withdraw and returning the check to the court.

QUESTION: Attorney accepted a case on a flat fee basis. Attorney now wishes to withdraw before the case is concluded due to the client´s lack of cooperation. Attorney states that, as a result of client´s lack of cooperation, attorney fees valuing several times the flat fee paid have been provided. May Attorney withdraw and, if so, what amount of refund, if any, is owed the client? ANSWER: Attorney may ask the court for leave to withdraw. This office cannot resolved factual issues such as the amount of a refund owed in the context of an informal advisory opinion.

QUESTION: Attorney is representing the class in a class action suit. One of the members of the class is recruiting class members and obtaining the attorney fee which is forwarded to Attorney. May Attorney accept these people as clients in this manner? ANSWER: Yes. Once Attorney accepts them as clients, Attorney must communicate with them directly affirming Attorney´s representation and communicating about the case before taking any action as their attorney. If they change their mind after direct communication, Attorney must refund the fee under Rule 4-1.16. This opinion does not consider any restrictions the court may impose.

QUESTION: Attorney and the client have disagreed over the amount of settlement that would be reasonable. As a result, the client has discharged Attorney twice but has returned when other attorneys told the client that Attorney´s assessment of the case was reasonable. May Attorney withdraw? ANSWER: Yes. Attorney must comply with all of the requirements of Rule 4-1.16(d), including the requirement that Attorney not withdraw if the withdrawal would have a materially adverse impact on the interests of Attorney´s client.

QUESTION: Attorney's client is receiving Medicaid. Attorney has obtained agreement from an insurance company to settle a personal injury case. Statutes require both Attorney and client to notify Social Services of the settlement. Client has withdrawn authority to settle and discharged Attorney after Attorney informed client of this obligation. May Attorney report to Social Services? ANSWER: If Attorney reports without client's consent, Attorney will violate the confidentiality obligation under Rule 4-1.6. Attorney should counsel client regarding the obligations under the statutes prior to withdrawing. If client will not consent to reporting, Attorney must remain silent and withdraw under Rule 4-1.16(a)(1).

QUESTION: Attorney has left a firm. May Attorney contact the clients of the firm who were Attorney´s primary responsibility and inform them that Attorney has left the firm and the client may come with Attorney, stay with the firm or go with any other attorney? May Attorney comment on the lack of experience of the remaining members of the firm in Attorney´s practice area? ANSWER: Attorney may notify the clients of their options. Rule 4-7.1(d) would apply to comments regarding the experience of the remaining members of the firm. If the clients ask about Attorney´s qualifications or the qualifications of the remaining members of the firm, Attorney may make factual statements which can be substantiated.

QUESTION: Question 1. May Attorney move to withdraw from a criminal case if the client is uncooperative and will not communicate or assist with the defense? The Attorney will warn the client that Attorney will withdraw if the situation doesn´t improve before the Attorney actually withdraws. Question 2. If a client who is a criminal defendant fails to make a court date and a warrant is issued and the client has had no contact with Attorney for several weeks or months, may Attorney move to withdraw? ANSWER: Yes to both questions. However, the fact that the Rules of Professional Conduct allow Attorney to move to withdraw does not affect the authority of the court to refuse to sustain that motion.

QUESTION: Attorney accepted a client in a dissolution case. Attorney accepted the retainer and the filing fee but has not filed. If Attorney returns the filing fee and retainer, may Attorney withdraw? ANSWER: Yes.

QUESTION: Attorney is leaving the firm. Attorney has two letters drafted to send to clients. One letter for clients Attorney cannot represent further because of conflicts in the new firm. The other letter gives clients the choice of going with Attorney, staying with old firm or choosing other representation. This letter indicates that Attorney is going with a new firm "specializing in" the same area of law. ANSWER: The letters do not violate the rules. However, either the words "specializing in" must be deleted or the Rule 4-7.4 disclaimer must be included. The words "practicing in" or other words which do not state or imply specialization could be used instead. The name of the new firm should be included in the letter which offers the option to go with Attorney to the new firm.

QUESTION: Attorney represents several individual clients who are also clients of a business client of attorney. Another client tells attorney confidentially that business client has committed acts which are criminal and may adversely affect one or more of the individual clients. (1) What obligation does attorney have to tell business client? (2) What obligation does attorney have to individual clients? (3) What information can attorney tell law enforcement officials if they request it? ANSWER: (1) Attorney may not tell the business client information obtained from the other client. Attorney must withdraw from representation of business client and follow requirements of Rule 1.16. (2) Attorney may not tell the individual clients the information obtained from the other client. Attorney may not disclose to the individuals information obtained from law enforcement if the contact with law enforcement relates to attorney´s representation, past or present, of the business client. (3) Attorney must not disclose any information related to representation of any client to law enforcement unless attorney has been ordered to do so after the issue of confidentiality has been fully presented to the court.

QUESTION: May an attorney withdraw from a case due to the client´s interference with the representation? ANSWER: Yes. Attorney must comply with all of the requirements of Rule 1.16(d).

Attorney represented client in a civil case. Attorney was allowed to withdraw and civil case ended. Former client now has another attorney in a different case which is tangentially related. What part of file must original attorney provide to client or current attorney?

QUESTION: Client seeks representation in a personal injury case against owners of a building in which attorney offices. Is this a conflict? ANSWER: The Rules do not require the attorney to voluntarily withdraw from the representation.