DO YOU NEED an expert investigator ? Investigative assistance ?
Admittedly , this can be problematic for some , because judges don ’ t always make the decisions we ’ d like them to make . Here ’ s the rub . That reality is no excuse for stating in your motion to dismiss that “ this client is a complete jerk , has no money , is cheating on his wife , and has made your life a living hell ” all shared with the hope this will help the judge see things your way . You simply cannot disparage your client or share client confidences in a motion to withdraw . Follow the advice set forth in Comment [ 3 ] to ABA Model Rule 1.16 , which states : “ The lawyer ’ s statement that professional considerations require termination of the representation ordinarily should be accepted as sufficient .”
DO YOU NEED an expert investigator ? Investigative assistance ?
Another rule that comes into play when exiting is ABA Model Rule 1.4 Communications . You have an obligation to keep your clients informed about the status of their matters and enable them to make informed decisions . This obligation doesn ’ t end once you decide to fire a client . When withdrawing from representation , particularly under these circumstances , I strongly encourage you to think about this rule and document your way out . There are risk management reasons for doing so as well .
First , don ’ t make this personal , don ’ t apologize , and don ’ t try to justify your decision by setting forth a laundry list of reasons why . Again , be the professional that you are . Simply state your decision to withdraw and detail the status of the matter at the time of your withdrawal . For example , if there are deadlines approaching , let the client know what they are and what the legal ramifications would be if an issue isn ’ t addressed prior to any deadline . The goal is to make certain this client is fully informed as to the status of the matter , thus enabling them to make informed decisions going forward now that you are out .
Finally , once the dust settles and you ’ ve had a little time to recover , don ’ t forget to look for the learning . Ask yourself , and anyone else at your firm who was involved with this client , questions like the following . Were there any warning signs , particularly during client intake ? If not , as the relationship started to sour , were there warning signs you should have paid attention to ? Is there anything you could have done differently that might have prevented the attorney-client relationship from deteriorating so significantly ? My concern is that if you fail to ask and answer these kinds of questions , you run a higher risk of finding yourself in the same or similar situation down the road . So , I ’ ll say it one last time . Life ’ s too short . It ’ s worth taking a little time to look for the learning . Trust me . It ’ s there .
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FRANCIS W . GASPER , founder of Gasper Investigations , LLC is an award winning retired FBI Agent , attorney and licensed private investigator located in North Dakota , who specializes in working with attorneys to prepare and engage in complex litigation ; clients include corporations and banks addressing fraud , employee malfeasance as well as background reviews .
HIGHLY SKILLED AT CONDUCTING :
• Comprehensive research
• Reviewing large amounts of financial records and data
• Identifying , locating , and interviewing witnesses
• Gathering and summarizing admissible documentary evidence
• Asset searches
CONTACT :
Francis W . Gasper Gasperinvestigations . com frank @ gasperinvestigations . com ( 914 ) 584-2225
Private Investigator ND # 588 , MN # 2321 , IL # 115002658 , NY # 1100221129 , Member of NY Bar
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