Iowa R. Prof'l Conduct 32:1.16

(a) Except as stated in paragraph (c), 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 Iowa 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.

(b) Except as stated in paragraph (c), a lawyer may withdraw from representing a client if:

(1) withdrawal can be accomplished without material adverse effect on the interests of the

client;

(2) the client persists in a course of action involving the lawyer’s services that the lawyer

reasonably believes is criminal or fraudulent;

(3) the client has used the lawyer’s services to perpetrate a crime or fraud;

(4) the client insists upon taking action that the lawyer considers repugnant or with which

the lawyer has a fundamental disagreement;

(5) the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer’s

services and has been given reasonable warning that the lawyer will withdraw unless the

obligation is fulfilled;

(6) the representation will result in an unreasonable financial burden on the lawyer or has

been rendered unreasonably difficult by the client; or

(7) other good cause for withdrawal exists.

(c) A lawyer must comply with applicable law requiring notice to or permission of a tribunal

when terminating a representation. When ordered to do so by a tribunal, a lawyer shall

continue representation notwithstanding good cause for terminating the representation.

(d) Upon termination of representation, a lawyer shall take steps to the extent reasonably

practicable to protect a client’s interests, 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 or expense that has not been earned or

incurred. The lawyer may retain papers relating to the client to the extent permitted by law.

Comment

[1] A lawyer should not accept representation in a matter unless it can be performed competently,

promptly, without improper conflict of interest, and to completion. Ordinarily, a representation in a

matter is completed when the agreed-upon assistance has been concluded. See rules 32:1.2(c) and

32:6.5. See also rule 32:1.3, comment [4].

Mandatory Withdrawal

[2] A lawyer ordinarily must decline or withdraw from representation if the client demands that

the lawyer engage in conduct that is illegal or violates the Iowa Rules of Professional Conduct or

other law. The lawyer is not obliged to decline or withdraw simply because the client suggests

such a course of conduct; a client may make such a suggestion in the hope that a lawyer will not be

constrained by a professional obligation.

[3] When a lawyer has been appointed to represent a client, withdrawal ordinarily requires

approval of the appointing authority. See also rule 32:6.2. Similarly, court approval or notice to

the court is often required by applicable law before a lawyer withdraws from pending litigation.

Difficulty may be encountered if withdrawal is based on the client’s demand that the lawyer engage

in unprofessional conduct. The court may request an explanation for the withdrawal, while the

lawyer may be bound to keep confidential the facts that would constitute such an explanation.

The lawyer’s statement that professional considerations require termination of the representation

ordinarily should be accepted as sufficient. Lawyers should be mindful of their obligations to both

clients and the court under rules 32:1.6 and 32:3.3.

Discharge

[4] A client has a right to discharge a lawyer at any time, with or without cause, subject to

liability for payment for the lawyer’s services. Where future dispute about the withdrawal may be

anticipated, it may be advisable to prepare a written statement reciting the circumstances.

[5] Whether a client can discharge appointed counsel may depend on applicable law. A client

seeking to do so should be given a full explanation of the consequences. These consequences may

include a decision by the appointing authority that appointment of successor counsel is unjustified,

thus requiring self-representation by the client.

[6] If the client has severely diminished capacity, the client may lack the legal capacity to

discharge the lawyer, and in any event the discharge may be seriously adverse to the client’s interests.

The lawyer should make special effort to help the client consider the consequences and may take

reasonably necessary protective action as provided in rule 32:1.14.

Optional Withdrawal

[7] A lawyer may withdraw from representation in some circumstances. The lawyer has the

option to withdraw if the withdrawal can be accomplished without material adverse effect on the

client’s interests. Withdrawal is also justified if the client persists in a course of action that the

lawyer reasonably believes is criminal or fraudulent, for a lawyer is not required to be associated

with such conduct even if the lawyer does not further it. Withdrawal is also permitted if the lawyer’s

services were misused in the past even if that would materially prejudice the client. The lawyer may

also withdraw where the client insists on taking action that the lawyer considers repugnant or with

which the lawyer has a fundamental disagreement.

[8] A lawyer may withdraw if the client refuses to abide by the terms of an agreement relating to

the representation, such as an agreement concerning fees or court costs or an agreement limiting the

objectives of the representation.

Assisting the Client upon Withdrawal

[9] Even if the lawyer has been unfairly discharged by the client, a lawyer must take all reasonable

steps to mitigate the consequences to the client. The lawyer may retain papers as security for a fee to

the extent permitted by Iowa Code sections 602.10116 to 602.10120 or other law. See rule 32:1.15.