ME · rules
M.R. Prof. Conduct 1.16
DECLINING OR TERMINATING REPRESENTATION
(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 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 and rules 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. This subsection (c) does not apply to the
automatic withdrawal of a lawyer upon completion of a limited
representation made pursuant to Rule 1.2.
(d) Upon termination of representation, a lawyer shall take steps to
the extent reasonably practicable to protect a client’s interests,
including giving reasonable notice to the client, allowing time for
employment of other counsel, refunding any advance payment of fee
or expense that has not been earned or incurred, and complying with
Rule 1.15(f) concerning the information and data to which the client
is entitled.
Provenance
- Source
- courts.maine.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
fd6f5082b8aac43d1999d40d79e0c54ac2496059d4919f261786201ff00a1406
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