Under Rule 1.16, counsel must do what when withdrawing?

Study for the MPRE Rules Test. Utilize flashcards and multiple choice questions, each with hints and explanations. Prepare effectively for your exam!

Multiple Choice

Under Rule 1.16, counsel must do what when withdrawing?

Explanation:
When a lawyer withdraws, the duty is to terminate or withdraw from representation and to handle related duties that protect the client’s rights. Rule 1.16 governs withdrawal and requires that the lawyer not abandon the client; if withdrawal is necessary or permitted (for example, if continued representation would violate the Rules or the law, or if the client discharges the lawyer), the lawyer must take reasonable steps to minimize harm to the client. That includes giving the client reasonable notice, helping the client transition to new counsel, delivering all papers and property to which the client is entitled, and refunding any unearned fees or expenses. This answer is the best because it directly encapsulates the duty to terminate or withdraw and to take steps to safeguard the client’s interests during the transition. Merely informing opposing counsel without acting to protect the client, ignoring the client’s file, or continuing representation with the client’s consent (if continuing would violate the Rules) would fail to meet those responsibilities.

When a lawyer withdraws, the duty is to terminate or withdraw from representation and to handle related duties that protect the client’s rights. Rule 1.16 governs withdrawal and requires that the lawyer not abandon the client; if withdrawal is necessary or permitted (for example, if continued representation would violate the Rules or the law, or if the client discharges the lawyer), the lawyer must take reasonable steps to minimize harm to the client. That includes giving the client reasonable notice, helping the client transition to new counsel, delivering all papers and property to which the client is entitled, and refunding any unearned fees or expenses.

This answer is the best because it directly encapsulates the duty to terminate or withdraw and to take steps to safeguard the client’s interests during the transition. Merely informing opposing counsel without acting to protect the client, ignoring the client’s file, or continuing representation with the client’s consent (if continuing would violate the Rules) would fail to meet those responsibilities.

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