MRPC Rule 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 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), after informing the client that the lawyer cannot do so

without permission from the tribunal for the pending case, a lawyer may withdraw from

representing a client if withdrawal can be accomplished without material adverse effect on

the interests of the client, or if:

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

reasonably believes is criminal or fraudulent;

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

(3) the client insists upon pursuing an objective that the lawyer considers repugnant or

imprudent;

(4) 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;

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

been rendered unreasonably difficult by the client; or

(6) other good cause for withdrawal exists.

(c) 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 reasonable steps 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 that has not been earned. The lawyer may retain papers relating

to the client to the extent permitted by law.

Michigan Rules of Professional Conduct 44 Updated with MSC order(s)

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

promptly, without improper conflict of interest and to completion.

Mandatory Withdrawal.

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 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.

When a lawyer has been appointed to represent a client, withdrawal ordinarily requires approval

of the appointing authority. See also Rule 6.2. Difficulty may be encountered if withdrawal is

based on the client’s demand that the lawyer engage in unprofessional conduct. The court may

wish 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.

Discharge.

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.

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 the client to represent himself.

If the client is mentally incompetent, 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, in an extreme

case, may initiate proceedings for a conservatorship or similar protection of the client. See Rule

1.14.

Optional Withdrawal.

A lawyer may withdraw from representation in some circumstances. The lawyer has the option

to withdraw if it 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 illegal 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 also may

withdraw where the client insists on a repugnant or imprudent objective.

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.

Michigan Rules of Professional Conduct 45 Updated with MSC order(s)

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 only to the extent permitted by law.

Whether a lawyer for an organization may under certain unusual circumstances have a legal

obligation to the organization after withdrawing or being discharged by the organization’ s

highest authority is beyond the scope of these rules.