May 16, 2026
Rule 1.16New York Rules of Professional Conduct / ABA Model Rules
Declining or Terminating Representation
Rule Text
A lawyer shall not represent a client, or, where representation has commenced, shall withdraw from the representation of a client, if: (1) the representation will result in violation of the Rules of Professional Conduct or other law; (2) the lawyer's physical or mental condition materially impairs the lawyer's ability to represent the client; or (3) the lawyer is discharged.
What Constitutes a Violation
Rule 1.16 governs how attorneys must withdraw from representation when they cannot continue ethically or effectively. Permissive withdrawal is allowed in circumstances including client misconduct, failure to pay fees, and irreconcilable conflict. Mandatory withdrawal is required when continuing would violate the rules. The rule imposes obligations on withdrawing attorneys: they must give reasonable notice, allow time for replacement counsel, return client files promptly, return unearned fees, and take all steps reasonably practicable to protect the client's interests. Violations occur when attorneys abandon clients without notice, fail to return files, refuse to refund unearned fees, or withdraw in circumstances that harm the client.
Typical Discipline
Rule 1.16 violations resulting in client harm — abandoned clients who lose rights due to an attorney's improper withdrawal — can result in serious discipline. Failure to return client files and unearned fees are among the most clear-cut violations and result in consistent disciplinary action. Attorneys who withdraw from representations at critical junctures without adequate notice face discipline and potential malpractice liability.
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Did Your Attorney Violate Rule 1.16?
If you believe your attorney violated Rule 1.16 — Declining or Terminating Representation — you may have grounds for a bar complaint. Our guide explains the process.
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