ABA Ethics Opinion 516 issued on April 2, 2025, provides guidance to lawyers seeking to end representation under Rule 1.16(b)(1). The Rule provides that lawyers can voluntarily end the representation if their “withdrawal can be accomplished without material adverse effect on the interests of the client.” But what is considered material? The ABA clarifies these circumstances so you don’t need to call in a detective to figure it out.

Formal Opinion 516 explains that an attorney’s withdrawal would be materially adverse if it would:

1. Significantly impede the progress of a client’s matter.
2. Significantly increase the cost of the matter.
3. Significantly harm the client’s ability to achieve the legal objectives that the lawyer had agreed to pursue.

Circumstances in which a client may be adversely affected include a transaction which decreases in value or a situation when a suitable substitute lawyer cannot complete the representation timely. However, despite adverse effects, all hope is not lost. The ABA Opinion states that assisting the client in retaining a new lawyer or helping bring the new lawyer up to speed on the matter (while refunding or foregoing fees for any duplicate work) may effectively mitigate any purported harm. And, while a client’s consent to a lawyer’s withdrawal is not required (though preferred), asking for this consent may help alleviate any potential ethical dilemma related to the withdrawal.

Of course, citing the circumstances in which material adverse effects may occur begs the question, “What scenarios would not be materially adverse to the client?” The ABA advises that when there is not an ongoing matter, where co-counsel can complete any remaining work, or if the representation has just begun – in the words of the ABA, “barely gotten off the ground” – a lawyer could withdraw without risk of material adverse effects to the client. For those lawyers using their sleuth skills to try and track down nonpaying clients, this Opinion also addresses situations in which withdrawal for non-payment of fees is allowed. The Opinion cites the circumstances of when a retainer has not yet been paid or insubstantial legal services have been rendered as situations in which the attorney’s withdrawal would not significantly prejudice the client.

In most cases, the longer the representation lasts, the harder it is to withdraw from a case without adverse effects. While it may be relatively easy enter into a client relationship, take care to ensure it is the right fit. Be on the lookout for any clues that may indicate your client might struggle to timely pay you for your good legal work, such concerns about monthly payments or other conditions of your fee agreement.

As Sherlock Holmes said, “To a great mind, nothing is little.” Trust your instincts when deciding whether to take a case, or you may have a difficult time ethically terminating the representation.