Advice Decision-Making Assistant (ADMA)


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Serious loss of confidence withdrawal

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In brief: Except where your retainer is pursuant to a contingency fee agreement, under the Code you may withdraw without notice where there has been a serious loss of confidence between you and your client. Refer to the Code rules below for further detail and the steps you must take when you are withdrawing. These steps are in addition to any substantive law steps you must take in connection with withdrawal, such as complying with the applicable rules of court.

Key Resources

Code - Withdrawal from representation due to serious loss of confidence: BC Code rule 3.7-2.

Code - Optional withdrawal: BC Code rule 3.7-2.

Code - Manner of withdrawal: BC Code rules 3.7-8 and 3.7-9.

Code - Confidentiality in the course of withdrawal: BC Code rule 3.7-9.1.

Code - Contingent fee agreements: BC Code rule 3.6-2 commentary [2].

Practice Resource - The August 2020 Discipline Advisory provides guidance on Withdrawal Under a Contingency Fee Agreement.

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