If you withdraw services, you must immediately notify the client in writing that you have withdrawn and the reasons, if any, for withdrawal.

 

If the matter involves litigation, your written notice of withdrawal must advise the client to expect the hearing or trial to proceed on the scheduled date. You must also advise the client that he or she should promptly retain new counsel.

 

Be certain to give written notice to the court and the other interested parties (including the Crown) of your withdrawal (see rules 3.7-9, 3.7-4 and 3.7-6 of the Code of Conduct).  If you are solicitor of record on any litigation matter, prepare and file a Notice of Change of Solicitor or a Notice of Intention to Act in Person to have your name removed as solicitor of record.  You should, if necessary, bring a motion to ask to have yourself removed as solicitor of record.  You may arrange for new counsel to bring the motion for you.  

 

Remember that you continue to have an obligation to preserve client confidentiality and, absent client consent, you may not disclose the reasons for your withdrawal in circumstances where the reason for withdrawal arose from confidential client communications.

 

You may also have to comply with other statutory requirements for withdrawal, such as notice provisions set out by the Rules of Court or administrative tribunals.

 

Once the retainer has been terminated, you must ensure that you comply with the requirements of rules 3.7-8 and 3.7-9 of the Code of Conduct.  Among other requirements, you must account to the client for any money received for fees or disbursements, as well as any valuable property held on the client's behalf, give the client all relevant information in connection with the matter, and take all reasonable steps to assist in the transfer of the client's file.

 

When a matter is terminated, the lawyer should provide a report in writing to the client on the outcome and explain any further action that the client is required to take.  The lawyer should also advise the client about arrangements for storage and retrieval of the contents of the file and whether there is a need for the client to review the matter in the future.