MT · rules
Mont. R. Prof'l 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 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. A lawyer is entitled to retain and is not obliged to deliver to a client or
former client papers or materials personal to the lawyer or created or intended for internal
use by the lawyer except as required by the limitations on the retaining lien in Rule 1.8(i).
Except for those client papers which a lawyer may properly retain under the preceding
sentence, a lawyer shall deliver either the originals or copies of papers or materials
requested or required by a client or former client and bear the copying costs involved.
Provenance
- Source
- courts.mt.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
84fe73579bc96ec3c062ccfc33ab46d7c93a9eca20dc53be0b8d7273868b44df
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