When is withdrawal deemed mandatory for an attorney in California?

Withdrawal is deemed mandatory for an attorney in California when the lawyer is discharged by the client. This is established under the California Rules of Professional Conduct, specifically Rule 1.16. When a client decides to terminate the lawyer's representation, the attorney must withdraw from the case, regardless of the reason for the discharge. This ensures that the client retains the right to choose their legal representation without undue impediment.

In this context, while there are circumstances under which a lawyer might withdraw, such as when a client insists on presenting unsupported claims or fails to meet obligations (which could lead to permissive withdrawal), those situations do not mandate withdrawal as decisively as being discharged by the client does. The requirement to withdraw upon a client's discharge reflects the principle of client autonomy in the attorney-client relationship, underscoring that the client has the ultimate authority in deciding who represents them.

Disagreement over proposed actions is not a sufficient basis for mandatory withdrawal, as attorneys often face ethical dilemmas or differences of opinion with their clients without needing to sever the professional relationship.