For the Defense - Vol. 3, Issue 2 - 2018 - 23

believes is criminal or fraudulent;
the client insists upon taking action that the
lawyer considers repugnant or with which
the lawyer has a fundamental disagreement;
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;
the representation will result in an
unreasonable financial burden on the lawyer
or has been rendered unreasonably difficult
by the client;
or other good cause for withdrawal exists.

See Rule of Professional Conduct 1.16 (b).
Disengaging from a client can be daunting.
However, as my former partner also said:
"Don't panic, prepare!" Here, preparation
means including terms in your fee agreement
about the possible termination of the attorneyclient relationship. It can be as simple as a
statement that, consistent with the rules of
professional responsibility and the court, the
representation can be terminated for a breach
of the engagement agreement, or other events
such as failure to cooperate or follow advice,
or a circumstance that you believe makes the
representation inappropriate.

If you do terminate a representation, you must
"take steps to the extent reasonably practicable
to protect a client's interests ...." RPC 1.16 (d).
This includes giving adequate notice, returning
the file, and refunding unearned fees.
Criminal defense work is stressful, exhausting
and sometimes, unprofitable. Those of us who
have chosen this path consider it a passion, not
a practice. Managing the difficult client will
always be part of our work. We meet our clients
at a low point in their lives and sometimes they
lash out at the very people who are fighting for
them. In conclusion, I offer a comment from
a career public defender, PACDL-er and fellow
listserv mate, Maria Goellner, Esq.:
We have many difficult clients as
public defenders. Our clients are often
(understandably) distrustful of authority,
of institutions, and of us. And yet, over
years and thousands of clients, I have
never encountered a difficult client who
couldn't be won over by taking the time
to discuss the case in full, the strategy
in full, and the client's wishes in full.
Respect, respect, respect.
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About the Author
Ellen C. Brotman is the owner and founder of Brotman Law, specializing in white
collar criminal defense, professional ethics and appellate advocacy. Ms. Brotman,
a former Assistant Federal Defender with over 25 years of experience litigating
in federal court, has defended all types of white collar matters including public
corruption, tax fraud, mail fraud, wire fraud and securities fraud. Ms. Brotman
writes and speaks frequently on criminal defense, compliance and ethics issues.
Before moving to Philadelphia, Ms. Brotman clerked for Judge Lee P. Gagliardi
in the United States District Court for the Southern District of New York. She is
admitted in Pennsylvania and New York.

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Vol. 3, Issue 2

For The Defense

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