Utah Sup. Ct. R. Prof'l. Prac. 1.16
Utah. Sup. Ct. R. Prof'l. Prac. 1.16
Comment
[1] A licensed paralegal practitioner 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
[1] A licensed paralegal practitioner ordinarily must decline or withdraw from representation if the client demands that the licensed paralegal practitioner engage in conduct that is illegal or violates the Licensed Paralegal Practitioner Rules of Professional Conduct or other law. The licensed paralegal practitioner 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 licensed paralegal practitioner will not be constrained by a professional obligation.
[3] Reserved.
Discharge
[4] A client has a right to discharge a licensed paralegal practitioner at any time, with or without cause, subject to liability for payment for the licensed paralegal practitioner's services. Where future dispute about the withdrawal may be anticipated, it may be advisable to prepare a written statement reciting the circumstances.
[5] Reserved.
[6] If the client has severely diminished capacity, the client may lack the legal capacity to discharge the licensed paralegal practitioner, and in any event the discharge may be seriously adverse to the client's interests. The licensed paralegal practitioner 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 licensed paralegal practitioner may withdraw from representation in some circumstances. The licensed paralegal practitioner 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 licensed paralegal practitioner reasonably believes is criminal or fraudulent, for a licensed paralegal practitioner is not required to be associated with such conduct even if the licensed paralegal practitioner does not further it. Withdrawal is also permitted if the licensed paralegal practitioner's services were misused in the past even if that would materially prejudice the client. The licensed paralegal practitioner may also withdraw where the client insists on taking action that the licensed paralegal practitioner considers repugnant or with which the licensed paralegal practitioner has a fundamental disagreement.
[8] A licensed paralegal practitioner 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 licensed paralegal practitioner has been unfairly discharged by the client, a licensed paralegal practitioner must take all reasonable steps to mitigate the consequences to the client. Upon termination of representation, a licensed paralegal practitioner shall provide, upon request, the client's file to the client notwithstanding any other law. It is impossible to set forth one all encompassing definition of what constitutes the client file. However, the client file generally would include the following: all papers and property the client provides to the licensed paralegal practitioner; litigation materials such as pleadings, motions, discovery, and legal memoranda; all correspondence; depositions; expert opinions; business records; exhibits or potential evidence; and witness statements. The client file generally would not include the following: the licensed paralegal practitioner's work product such as recorded mental impressions; research notes; legal theories; internal memoranda; and unfiled pleadings.