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Withdrawal with good reason and reasonable notice

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In brief: Except where your retainer is pursuant to a contingency fee agreement, under the Code you may withdraw for good cause, after providing reasonable notice.  No hard and fast rules can be laid down as to what constitutes reasonable notice and how quickly you may cease acting will depend on all relevant circumstances. Refer to the Code rules and related commentaries 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 with good reason and reasonable notice: BC Code rule 3.7-1.

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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