RULE 1.16
                 DECLINING OR TERMINATING REPRESENTATION


  (a) Except as stated in paragraph (c), a lawyer shall not represent a
client or, where representation has commenced, shall, notwithstanding RCW
2.44.040, withdraw from the representation of a client if:

    (1) the representation will result in violation of the Rules of
Professional Conduct or other law;

    (2) the lawyer's physical or mental condition materially impairs the
lawyer's ability to represent the client; or

    (3) the lawyer is discharged.

  (b) Except as stated in paragraph (c), a lawyer may withdraw from
representing a client if:

    (1) withdrawal can be accomplished without material adverse effect on
the interests of the client;

    (2) the client persists in a course of action involving the lawyer's
services that the lawyer reasonably believes is criminal or fraudulent;

    (3) the client has used the lawyer's services to perpetrate a crime or fraud;

    (4) the client insists upon taking action that the lawyer considers
repugnant or with which the lawyer has a fundamental disagreement;

    (5) the client fails substantially to fulfill an obligation to the
lawyer regarding the lawyer's services and has been given reasonable
warning that the lawyer will withdraw unless the obligation is fulfilled;

    (6) the representation will result in an unreasonable financial
burden on the lawyer or has been rendered unreasonably difficult by the client; or

    (7) other good cause for withdrawal exists.

  (c) A lawyer must comply with applicable law requiring notice to or
permission of a tribunal when terminating a representation. When ordered
to do so by a tribunal, a lawyer shall continue representation
notwithstanding good cause for terminating the representation.

  (d) Upon termination of representation, a lawyer shall take steps to
the extent reasonably practicable to protect a client's interests, such
as giving reasonable notice to the client, allowing time for employment
of other counsel, surrendering papers and property to which the client is
entitled and refunding any advance payment of fee or expense that has not
been earned or incurred. The lawyer may retain papers relating to the
client to the extent permitted by other law.

Comment

  [1] A lawyer should not accept representation in a matter unless it can
be performed competently, promptly, without improper conflict of interest
and to completion. Ordinarily, a representation in a matter is completed
when the agreed-upon assistance has been concluded. See Rules 1.2(c) and
6.5. See also Rule 1.3, Comment [4].

Mandatory Withdrawal

  [2] A lawyer ordinarily must decline or withdraw from representation if
the client demands that the lawyer engage in conduct that is illegal or
violates the Rules of Professional Conduct or other law. The lawyer is
not obliged to decline or withdraw simply because the client suggests
such a course of conduct; a client may make such a suggestion in the hope
that a lawyer will not be constrained by a professional obligation.

  [3] When a lawyer has been appointed to represent a client, withdrawal
ordinarily requires approval of the appointing authority. See also Rule
6.2. Similarly, court approval or notice to the court is often required
by applicable law before a lawyer withdraws from pending litigation.
Difficulty may be encountered if withdrawal is based on the client's
demand that the lawyer engage in unprofessional conduct. The court may
request an explanation for the withdrawal, while the lawyer may be bound
to keep confidential the facts that would constitute such an explanation.
The lawyer's statement that professional considerations require
termination of the representation ordinarily should be accepted as
sufficient. Lawyers should be mindful of their obligations to both
clients and the court under Rules 1.6 and 3.3.

Discharge

  [4] A client has a right to discharge a lawyer at any time, with or
without cause, subject to liability for payment for the lawyer's
services. Where future dispute about the withdrawal may be anticipated,
it may be advisable to prepare a written statement reciting the
circumstances.

  [5] Whether a client can discharge appointed counsel may depend on
applicable law. A client seeking to do so should be given a full
explanation of the consequences. These consequences may include a
decision by the appointing authority that appointment of successor
counsel is unjustified, thus requiring self-representation by the client.

  [6] If the client has severely diminished capacity, the client may lack
the legal capacity to discharge the lawyer, and in any event the
discharge may be seriously adverse to the client's interests. The lawyer
should make special effort to help the client consider the consequences
and may take reasonably necessary protective action as provided in Rule 1.14.

Optional Withdrawal

  [7] A lawyer may withdraw from representation in some circumstances.
The lawyer has the option to withdraw if it can be accomplished without
material adverse effect on the client's interests. Withdrawal is also
justified if the client persists in a course of action that the lawyer
reasonably believes is criminal or fraudulent, for a lawyer is not
required to be associated with such conduct even if the lawyer does not
further it. Withdrawal is also permitted if the lawyer's services were
misused in the past even if that would materially prejudice the client.
The lawyer may also withdraw where the client insists on taking action
that the lawyer considers repugnant or with which the lawyer has a
fundamental disagreement.

  [8] A lawyer may withdraw if the client refuses to abide by the terms
of an agreement relating to the representation, such as an agreement
concerning fees or court costs or an agreement limiting the objectives of
the representation.

Assisting the Client upon Withdrawal

  [9]  Even  if the lawyer has been unfairly discharged by the client,  a
lawyer must take all reasonable steps to mitigate the consequences to the
client.  The lawyer may retain papers as security for a fee only  to  the
extent permitted by law. See Rule 1.15A.


[Amended effective September 1, 2006.]