Rule 1.16 Declining, Modifying, or Terminating an Engagement

(a) A lawyer shall make reasonable efforts to inquire into and assess the facts and circumstances of each engagement or prospective engagement, and to understand, at the outset and throughout the engagement, the risk that the engagement will result in a violation of these Rules or other law, in order to determine whether the lawyer may accept or continue the engagement, or instead must decline, modify, or terminate the engagement. Such inquiry shall be commensurate with the nature of the lawyer’s practice, the informational resources available to the lawyer, the nature of the engagement, and the lawyer’s familiarity with the particular client. A lawyer shall not accept an engagement or, where the engagement has commenced, shall, except as stated in paragraph (d), terminate or withdraw from the engagement, in any of the following circumstances:

(1) The lawyer knows or reasonably should know, despite a discussion with the client or (if the lawyer considers it useful) with the prospective client regarding the limitations that these Rules or other law impose on the lawyer in carrying out the engagement, that the client or prospective client seeks to use or persists in using the lawyer’s services for any of the following purposes:

(i) to bring a legal action, conduct a defense, or assert a position in a matter, or otherwise have steps taken, without a substantial purpose other than harassing or maliciously injuring another person;

(ii) to present a claim or defense in a matter that would be frivolous under Rule 3.1(b)(1);

(iii) to commit, assist, or further a crime or fraud; or

(2) the lawyer knows or reasonably should know that the engagement will result in a violation of these Rules or other law;

(3) the lawyer’s physical or mental condition materially impairs the lawyer’s ability to carry out the engagement; or

(4) the lawyer is discharged.

(b) A lawyer will not have violated paragraph (a) of this Rule if the lawyer reasonably believed that the lawyer’s inquiry into and assessment of the facts and circumstances of an engagement were sufficient under this Rule, even if the lawyer’s reasonable belief is subsequently determined to have been erroneous.

(c) Except as stated in paragraph (d), a lawyer may withdraw from an engagement on behalf of a client if a reasonable lawyer would conclude that:

(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 with which the lawyer has a fundamental disagreement;

(5) the client deliberately disregards an agreement or obligation to the lawyer as to expenses or fees;

(6) [Reserved.]

(7) the client fails to cooperate or otherwise renders the engagement unreasonably difficult for the lawyer to carry out effectively;

(8) the lawyer’s inability to work with co-counsel indicates that the best interests of the client likely will be served by withdrawal;

(9) the lawyer’s mental or physical condition renders it difficult for the lawyer to carry out the engagement effectively;

(10) the client provides informed consent to the lawyer’s termination of the engagement;

(11) withdrawal is permitted under Rule 1.13(c) or other law;

(12) the lawyer believes in good faith, in a matter pending before a tribunal, that the tribunal will find the existence of other good cause for withdrawal; or

(13) the client insists that the lawyer pursue a course of conduct which is illegal or prohibited under these Rules.

(d) If permission for withdrawal from an engagement is required by the rules of a tribunal, a lawyer shall not withdraw from an engagement in a matter before that tribunal without its permission. When ordered to do so by a tribunal, however, a lawyer shall continue to carry out the engagement notwithstanding good cause for terminating the engagement.

(e) Even when withdrawal is otherwise permitted or required, upon termination of an engagement, a lawyer shall take steps, to the extent reasonably practicable, to avoid foreseeable prejudice to the rights of the client, including giving reasonable notice to the client, allowing time for engagement of other counsel, delivering to the client all papers and property to which the client is entitled, promptly refunding any part of a fee paid in advance that has not been earned and complying with applicable laws and rules.