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.