Between a Rock and a Hard Case: Dealing with Difficult Bankruptcy Clients-Between a Rock and a Hard Case: Dealing with Difficult Bankruptcy Clients

Video Transcription

Video Summary

The transcript explains Rule 1.16 of the Rules of Professional Conduct, which governs when lawyers must or may withdraw from representation. It covers mandatory withdrawal situations such as rule violations, a lawyer’s impairment, or being discharged by the client, and permissive withdrawal grounds like client misconduct, nonpayment, unreasonable difficulty, or other good cause.<br /><br />The speakers then focus on bankruptcy practice, emphasizing that local court rules also control withdrawal. In their district, a lawyer often must file a motion showing good cause, serve the client, and sometimes get court approval even if the client agrees. They stress that lawyers must protect the client’s interests, avoid revealing privileged information, and may use generic language or request an in-camera discussion if a judge asks for details.<br /><br />A real case involving debtor’s counsel Katie Brewer illustrates the process. After a volatile meeting with clients, including threats, she sought to withdraw, consulted ethics counsel, notified the trustees, and ensured the debtors had time to obtain new counsel. The speakers highlight that after withdrawal, lawyers must still send written notice, return the file, identify deadlines, and clearly end the relationship.<br /><br />The discussion closes with practical hypotheticals on post-withdrawal calls, client dishonesty at 341 meetings, attorney departures from firms, and conflicts in joint husband-wife representations.

Keywords

Rule 1.16

withdrawal from representation

mandatory withdrawal

permissive withdrawal

bankruptcy practice

local court rules

client confidentiality

ethics counsel

debtor’s counsel