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MARYLAND STATE BAR ASSOCIATION, INC.
COMMITTEE ON ETHICS
ETHICS DOCKET NO. 1987-38
Fees: Effect of change in circumstances
You have advised the Committee that a case you accepted on a contingency fee basis has become more complicated and less positive than you originally anticipated. You have asked the Committee to address the propriety of your withdrawing from the case and charging the client $300 for the ""countless hours"" you have thus far spent on the case or, alternatively changing your fee arrangement from a contingency basis to an hourly rate.
I have been requested to respond on behalf of the Committee. At the outset, let me remind you that the Committee does not render legal opinions. Thus, we will not comment on whether your written contingency fee agreement will permit you to alter the fee arrangement at this point in the case.
As for the second part of your inquiry, the circumstances in which an attorney may withdraw from a case are governed by both the Rules of Professional Conduct and the Rules of Civil Procedure. Under Maryland Rule 2-132, when a client has no other attorney of record, an attorney wishing to withdraw must file a motion with the Court. The Court may deny the motion if withdrawal would cause undue delay, prejudice, or injustice. In other words, the Court will decide whether or not you may withdraw your appearance.
Ethically, the Rules of Professional Conduct permit an attorney to ""withdraw from representing a client if withdrawal can be accomplished without material adverse impact on the interests of the client."" Rule 1.16(b). Withdrawal is also permitted if, among other things, ""the representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client."" Rule 1.16(b)(5). Still, the withdrawal must be approved by the Court. Rule 1.16(c). The Committee believes you may request the Court to allow you to withdraw if the case is not currently at a stage where withdrawal will adversely impact upon your client.
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