In which situation would withdrawal be considered permissive under the ABA but not under California law?

Withdrawal would be considered permissive under the ABA when a client insists on taking action that the lawyer finds repugnant, but this scenario does not hold under California law. The ABA Model Rules allow attorneys to withdraw from representation in such situations, as it recognizes the importance of a lawyer's professional judgment and moral integrity. If a client's proposed actions are contrary to the lawyer's fundamental beliefs or ethical standards, the lawyer is permitted to withdraw to maintain their commitment to professional ethics.

In contrast, California's Rules of Professional Conduct do not allow for withdrawal in cases where a client insists on pursuing a course of action the lawyer finds repugnant unless the lawyer can clearly demonstrate that the actions are illegal or violate a court order. California emphasizes a stronger duty to the client, which limits the grounds for withdrawal in situations of repugnance.

Understanding this distinction is crucial for legal practitioners as it highlights the different ethical frameworks that govern attorney conduct in these jurisdictions. This difference reinforces the need for attorneys practicing in California to be vigilant in assessing their obligations under state law compared to the ABA Model Rules.