The MN General Rules of Practice provide that counsel of record in a criminal case may not withdraw without approval of the court upon motion (Rule 703) but the comparable civil rule (105) does not require court approval. Both rules, however, reference Rule 1.16 of the MN Rules of Professional Conduct for "Declining or Terminating Representation," which state "(d) upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client's interests..."
Having been a family lawyer for 24 years I am fully aware of the challenges to the business aspect of practicing family law and the challenges to clients in remaining current on their account. Nevertheless, we judges see a great number of cases where lawyers withdraw just prior to a contested hearing or trial, thereby creating the likelihood of either (a) their former client failing to appear for trial and losing by default; or (b) their former client appearing at trial unrepresented and unprepared; or (c) a new lawyer seeking a continuance. This causes wasted time and resources for the opposing party and counsel, and probably a loss of precious time in court due to a continuance.
Family lawyers should periodically review Rule 1.16 noted above in order to avoid "leaving the client hanging" as a trial approaches. It may also help avoid a complaint to the Lawyers Board of Professional Responsibility.
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