What relationship better fits the definition of a fiduciary relationship than attorney-client? But does the existence of that relationship automatically mean that the client was subject to duress or undue influence or that an expensive fee agreement was unconscionable? Obviously not every lawyer-client contract is tainted. In the Moran case, assigned in the Introduction chapter, you read a case dealing with an attorney who did business with a client in a way that was unethical.

Read Alderman & Alderman v. Millbrook Homeowners (2001) https://casetext.com/case/alderman-alderman-v-millbrook-owners-no-cv-00-0802857-s-aug, in which the court rejects an assertion that the relationship was tainted, and the ethical opinion at the end of this chapter. In the Alderman case the client alleged duress and unconscionability as defenses against enforcement of a contract, based on threats to terminate representation. The case was not a disciplinary proceeding, but the court referred to the relevant ethical rule. In Colorado, the rule concerning terminating the attorney-client relationship is Rule 1.16, reproduced in Exhibit 4-2 with permission of the Colorado Bar Association, http://www.cobar.org (Links to an external site.).

EXHIBIT 4-2

Rule 1.16 Declining or Terminating Representation

(a)Except as stated in paragraph (c), a lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if:

(1)the representation will result in violation of the rules of professional conduct or other law;

(2)the lawyer's physical or mental condition materially impairs the lawyer's ability to represent the client; or

(3)the lawyer is discharged.

(b)A lawyer may not request permission to withdraw in matters pending before a tribunal and may not withdraw in other matters unless such request or such withdrawal is because:

(1)the client:

(A)insists upon presenting a claim or defense that is not warranted under existing law and cannot be supported by good faith argument for an extension, modification, or reversal of existing law.

(B)personally seeks to pursue an illegal course of conduct.

(C)insists that the lawyer pursue a course of conduct that is illegal or that is prohibited by these rules.

(D)by other conduct renders it unreasonably difficult for the lawyer to carry out the lawyer's employment effectively.

(E)insists, in a matter not pending before a tribunal, that the lawyer engage in conduct that is contrary to the judgment and advice of the lawyer but not prohibited by these rules; or

(F)deliberately disregards an agreement or obligation to the lawyer as to expenses or fees; or

(2)the lawyer's inability to work with co-counsel indicates that the best interest of the client likely will be served by withdrawal; or

(3)the lawyer's client knowingly and freely assents to termination of the lawyer's employment; or

(4)the lawyer believes in good faith in a proceeding pending before a tribunal that the tribunal will find the existence of other good cause for withdrawal.

(a)When ordered to do so by a tribunal, a lawyer shall continue representation notwithstanding good cause for terminating the representation.

(b)Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client's interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payment of fee that has not been earned. The lawyer may retain papers relating to the client to the extent permitted by law.