What is a reason for permissive withdrawal under California law?

Prepare for the California Bar Professional Responsibility Exam. Test your knowledge with our comprehensive quiz! Master legal ethics and get exam-ready with practice questions, detailed explanations, and study tools.

Permissive withdrawal under California law allows a lawyer to withdraw from representing a client for several reasons that do not necessarily require showing that the client has caused harm or that there are irreconcilable differences beyond repair. One recognized reason for permissive withdrawal is when a client has committed a crime or fraud using the lawyer's services. This scenario can create substantial ethical dilemmas for the attorney, as the lawyer must maintain their own ethical standards and is not permitted to assist the client in continuing criminal or fraudulent behavior.

When a lawyer realizes that their services are being used to facilitate or further a client's illegal or dishonest conduct, the lawyer may choose to withdraw to distance themselves from the actions that could compromise their integrity or expose them to disciplinary actions. This aligns with the ethical obligation of attorneys to avoid participation in criminal acts and to maintain their role as officers of the court.

In contrast, while options suggesting a financial burden or fundamental disagreements may lead a lawyer to consider withdrawal, they do not have the same compelling ethical implications as involvement in crime or fraud. Similarly, a client’s unreasonableness in following advice, while it may affect the attorney-client relationship, does not present the same level of ethical conflict that necessitates withdrawal.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy