Legal Question in Legal Ethics in California

Re: Disclosure of confidential client communications in motion to withdraw

I would suggest if forced to file a motion to withdraw that you state that their has been a breakdown in the attorney client relationship which has rendered me unable to effectively represent my clients interests.

The court is unlikely to question you at all about your motives especially if the client fails to oppose your motion. The court will likely "grant the motion- no opposition filed"

As you are aware the duty of confidentiality you owe to a client extends beyond the end of your representation unless a well defined exception exists.

To avoid this situation, I hope that you asked the client if he would sign a substitution of attorney form before you filed your motion.

Anyway good luck to you. Consult the rutter guide or other reference books if you have questions, I often use them myself.

Re: Disclosure of confidential client communications in motion to withdraw

Your concern in well founded. Whenever filing a motion to withdraw you should always state in general terms that there has been a substantial breakdown in the attorney-client relationship which has rendered you unable to fulfill your function as legal counsel, indicating further that you will testify regarding the details of those matters if requested by the court.

The penalty? Hard to say. It probably depends on how all of this unfolds. If your client makes no issue of it, there will likely be no consequence. In any event, I would attempt to withdraw and refile the motion if at all possible, or file a further motion to redact or replace any confidential disclosure. You may even be able to place the motion under seal or outside of the public's view -- thereby containing the scope of the disclosure.

Good luck.