Rule Text (verbatim from The Florida Bar)
(a) When Lawyer Must Decline or Terminate
Representation. Except as stated in subdivision (c), a lawyer shall
not represent a client or, where representation has commenced,
shall withdraw from the representation of a client if:
(1) the representation will result in violation of the Rules
of Professional Conduct or law;
(2) the lawyer’s physical or mental condition materially
impairs the lawyer’s ability to represent the client;
(3) the lawyer is discharged;
(4) the client persists in a course of action involving the
lawyer’s services that the lawyer reasonably believes is criminal or
fraudulent, unless the client agrees to disclose and rectify the crime
or fraud; or
(5) the client has used the lawyer’s services to perpetrate
a crime or fraud, unless the client agrees to disclose and rectify the
crime or fraud.
(b) When Withdrawal Is Allowed. Except as stated in
subdivision (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 insists upon taking action that the lawyer
considers repugnant, imprudent, or with which the lawyer has a
fundamental disagreement;
(3) 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;
(4) the representation will result in an unreasonable
financial burden on the lawyer or has been rendered unreasonably
difficult by the client; or
(5) other good cause for withdrawal exists.
(c) Compliance With Order of Tribunal. A lawyer must
comply with applicable law requiring notice 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) Protection of Client’s Interest. Upon termination of
representation, a lawyer shall take steps to the extent reasonably
practicable to protect a client’s interest, 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 and other
property relating to or belonging to the client to the extent permitted
by law.
Educational reference. This page summarizes a Florida Rule of Professional Conduct for educational purposes. The rule text and Comment are mirrored from the Florida Bar's official publication and are public domain. The plain-English summary and any commentary are the opinion of Phillips, Hunt & Walker and are general information only — not legal advice. Reading this page does not create an attorney-client relationship. If you believe a Florida lawyer has violated this rule, you can file a complaint with The Florida Bar at floridabar.org. Past results do not guarantee a similar outcome.
What this rule means in plain English
Your Florida lawyer must withdraw from your case in some situations (illegality, mental incapacity, you discharge them) and may withdraw in others (your refusal to follow advice, failure to pay). Withdrawal isn’t unilateral — the lawyer must take reasonable steps to protect your interests, return your file, refund unearned fees, and not leave you in the lurch right before a deadline. If your lawyer walks away mid-case, that’s the rule to look at.
Florida Bar Ethics Opinions interpreting this rule
- Opinion 95-4 (1995)
<p>When a couple shares one lawyer for estate planning, that lawyer can't keep secrets between them. If one spouse tells the lawyer about a beneficiary the other doesn't know about — a child from a prior relationship, a separate gift — the lawyer must withdraw from representing both. The rule protects you: your spouse's lawyer can't use information from joint sessions to plan around you.</p>
Read on floridabar.org → - Opinion 04-1 (2004)
<p>If a lawyer's client repeatedly insists on lying under oath, the lawyer must withdraw from the case and inform the court of the client's intent. The exact timing of withdrawal and disclosure depends on the circumstances; the court may permit the disclosure to be made privately and one-sided where appropriate. The rule means a defense lawyer cannot help a client commit perjury, even passively.</p>
Read on floridabar.org → - Opinion 75-19 (1975)
<p>If your lawyer learns you deliberately lied at a deposition and you won't correct it, the lawyer must withdraw and disclose the false testimony to the court. This applies whether or not the deposition has been filed. The Florida Supreme Court suspended a lawyer in 2015 for failing to correct false deposition testimony — the rule has teeth.</p>
Read on floridabar.org → - Opinion 63-23 (1963)
<p>If your personal injury lawyer learns during the case that the underlying accident was fraudulent, the lawyer can withdraw without explaining why to the court. Whether the lawyer must report what was learned to authorities is governed by Rule 4-3.3 (candor toward the tribunal), not by general ethics — and the modern rule generally protects what you said to your lawyer.</p>
Read on floridabar.org → - Opinion 73-25 (1973)
<p>If a lawyer has good reason to doubt a client's mental competency, the lawyer must tell the client about those doubts and ask permission to seek a judicial determination. If the client refuses, the lawyer should move to withdraw — but must keep protecting the client's interests until the court approves the withdrawal. The rule recognizes that a lawyer is not a guardian, but is also not free to abandon a vulnerable client.</p>
Read on floridabar.org → - Opinion 85-4 (1985)
<p>If a client becomes mentally ill while a divorce case is pending, the lawyer has an affirmative duty to protect the client's interests and may seek the appointment of a guardian if the client can no longer make adequate decisions. The lawyer can't simply withdraw and walk away; the duty to safeguard the client survives the client's loss of capacity.</p>
Read on floridabar.org → - Opinion 74-43 (1974)
<p>When a sole practitioner dies, another lawyer who buys the firm's physical assets cannot keep custody of the deceased lawyer's client files. The buyer also cannot write to those clients announcing possession and asking what to do with them. Client files must be handled by someone with proper authority — typically through court appointment of an inventory attorney.</p>
Read on floridabar.org → - Opinion 77-1 (1977)
<p>A retiring Florida lawyer may write to clients proposing either to transfer their files to a named successor attorney (who will help close out the practice) or to return the files to them. The notice should give the client a clear choice rather than presuming consent. Selling a law practice has additional disclosure requirements under Rule 4-1.17.</p>
Read on floridabar.org → - Opinion 77-5 (1977)
<p>A lawyer who represented a client in a divorce case is not automatically obligated to also handle enforcement of the divorce judgment after the case concludes. Unless the engagement letter specifically extends to enforcement, the original representation is complete when the dissolution is entered. The takeaway: clarify scope at engagement and again at conclusion.</p>
Read on floridabar.org →
Comment (verbatim from The Florida Bar)
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 rule 4-1.2, and the comment to rule 4-1.3.
Mandatory withdrawal
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 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. Withdrawal is also
mandatory if the client persists in a course of action that the lawyer
reasonably believes is criminal or fraudulent, unless the client
agrees to disclose and rectify the crime or fraud. Withdrawal is also
required if the lawyer’s services were misused in the past even if
that would materially prejudice the client.
When a lawyer has been appointed to represent a client,
withdrawal ordinarily requires approval of the appointing authority.
See also rule 4-6.2. 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 4-1.6 and 4-3.3.
Discharge
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.
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 the client to be self-
represented.
If the client is mentally incompetent, 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 4-1.14.
Optional withdrawal
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. The lawyer also may withdraw where the client insists on
taking action that the lawyer considers repugnant, imprudent, or
with which the lawyer has a fundamental disagreement.
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
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 and other property as
security for a fee only to the extent permitted by law.
Refunding advance payment of unearned fee
Upon termination of representation, a lawyer should refund to
the client any advance payment of a fee that has not been earned.
This does not preclude a lawyer from retaining any reasonable
nonrefundable fee that the client agreed would be deemed earned
when the lawyer commenced the client’s representation. See also
rule 4-1.5.
Amended July 23, 1992, effective January 1, 1993 (605 So.2d 252);
amended May 20, 2004 (875 So.2d 448); amended March 23, 2006,
effective May 22, 2006 (933 So.2d 417).