Getting Out: A Guide to Ethically Terminating Representation for Immigration Lawyers

Not every attorney-client pairing will last until the conclusion of the matter. Terminating the attorney-client relationship is fraught with ethical considerations and ethical pitfalls. Randall Tesser and Lindsay Curcio will discuss balancing clients' interests with attorneys' rights and ethical obligations, as well as the procedural requirements for withdrawal of representation. This presentation will discuss general principles applicable to all attorneys as well as rules for cases pending before Immigration Court and U.S. Citizenship and Immigration Services.

Learning Objectives:

1. Label permissive vs. mandatory withdrawal, including situations where a conflict of interest arises

2. Recognize when to withdraw representation and the ethical considerations of withdrawal when a case is pending before the tribunal or when no case is pending

3. Identify withdrawal of representation in issues that may occur in the attorney-client relationship, such as disagreement with the client, non-payment, illegal or unethical requests by the client

4. Minimize risk and ethically secure payment during and after termination