(1) WITHDRAWAL MRPC 1.16 (addressed to lawyer!): structure (a) Mandatory withdrawal (or prohibited acceptance) (b) Permissive withdrawal (i) w/o material adverse effect on client interests, or (ii) enumerated causes (2-6), or (iii) other “good cause” (c)Conditions imposed by other law (d) remaining obligations

Problem p. 297  P.i. client, 40% contingent fee, negotiation w/ D  D makes settlement offer $75K; you consider it reasonable, C rejects out of hand, you believe it’s far better than C can get at trial  what are your options?  any more room for discussion with C?  Do you have a basis for withdrawal?  If you withdraw, do you have a claim for a fee?

Problem p. 297 c’t’d  Same K, C suggests 2 “eyewitnesses”, you have interviewed them and you are certain they weren’t there, but C insists.  you “immediately withdraw” – have you acted properly?  do you have a basis for withdrawal?  how do you go about doing that?  do you have an option besides withdrawal?

Problem p. 297 c’t’d  Same C, different K: $175/hr, billed monthly; 2 mos. billing, $6900, C hasn’t paid, promises to pay “soon”  Can you withdraw?  Should you withdraw? What do you take into account in deciding that?  How do you go about doing it, if you do it?

(2) Discharge Problem p. 211  You have represented C for years in defense of a p.i. claim; judge at pretrial conf. suggests a settlement at $200K; you think (correctly!) this is reasonable and recommend it to C’s BoD; BoD fires you  what is the immediate effect of discharge?  are you entitled to a fee? How much?  150 hrs. expended, “normal fee” is $250/hr  what, if any, was your fee agreement w/ C?  did C have cause to fire you? What difference does that make?

Problem p. 211 c’t’d  When are you entitled to receive the fee?  upon discharge?  after case is completed?  Compare Somuah, p. 212, and AFLAC, n. 1 p. 218  had you agreed to a fee contingent on the outcome?  if not, are you claiming the right to recover for the fees you would have earned if you had completed the case?

Discharge c’t’d  Your brother is a partner of P’s attorney, and you though you were doing him a favor in negotiating; you withdraw w/ C’s consent.  Are you entitled to a fee for services rendered? If you have already been paid in part, can you keep that money?  Assume you’re full-time employed “house counsel” for the corp. under long-term K w/ good cause requirement. Can you still be fired as in Q. (a)? N. 5 p. 222

Attorneys’Liens, n. 8 p. 224  “ Charging lien”: in the case of litigation, the subject matter of the litigation or its proceeds  governed by statute in most jurs. (incl. MO)  attaches upon commencement of action or filing of counterclaim  if L has contingent fee, lien letter to opposing party disclosing fact of CF and %, makes lien enforceable against that party if “deforced” by settlement w/o L’s consent  “Retaining lien”  attaches to prop. of C in L’s possession  right to retain until fee is paid  disapproved by Restatement, California (case law), and Missouri (ethics opinion)