LEO: Withdrawal from Employment - Advancement  LE Op. 317


Withdrawal from Employment - Advancement of Fees by Attorney.


December 12, 1978


Where an attorney has incurred out of pocket costs on pending litigation

and is requested to withdraw without reimbursement in favor of another

attorney before trial, the attorney must seek leave of court to withdraw

in accord with II: DR:2-108(A)(3) and (C), and pursue collection of his

fee through the courts. It is ethically permissible to advance costs only

if the client specifically agrees to reimburse the attorney for suit

expenses regardless of whether the litigation is successful.


Committee Opinion December 12, 1978




See also LE Op. 997.