What steps must a lawyer take when terminating representation?

When a lawyer decides to terminate the representation of a client, the ethical obligations outlined in the Kentucky Rules of Professional Conduct require that the lawyer takes reasonable steps to protect the client’s interests. This includes various actions such as providing the client with sufficient notice of the termination and enabling them to seek new representation without jeopardizing their case or interests.

These reasonable steps could involve informing the client of the decision to terminate, advising them on necessary actions to take, and in some cases, allowing them a reasonable amount of time to find alternative representation. This process helps to ensure that the client's rights are not adversely affected by the termination.

Additionally, lawyers must also consider any outstanding matters and ensure that the client is not left in a disadvantaged position, especially if there are pending deadlines or critical decisions that need to be made.

In contrast, the notion that a lawyer can stop representing a client without any notice fails to comply with these ethical requirements. Similarly, continuing representation without compensation until a new lawyer is found does not reflect standard practice or obligation, as lawyers are not generally required to work for free after terminating a relationship. Asking for written confirmation to terminate might be a good practice for record-keeping, but it does not fulfill the essential ethical duty to protect the client's interests