Q: Dear Ethics Lawyer, I have represented a client in litigation who has become very difficult. The client has admitted to withholding relevant documents that should be produced in discovery, and has instructed me not to acknowledge it or reveal it to the other side or the court. In addition, based upon conversations I’ve had privately with the client, I believe the client has been untruthful in deposition testimony, but refuses to correct that testimony. And to compound matters, the client has not paid our billings in six months.

I believe that I am required to withdraw from the representation under our state’s version of Rule 1.16(a)(1) and that I have a basis for permissive withdrawal under Rule 1.16(b)(2),(3),(4),(5) and (6). The client refuses to consent to the withdrawal. So how much of this can I put in the motion to withdraw in order to obtain court approval? I am mindful of the need to preserve client confidentiality under Rule 1.6, but continuing to represent this client would put me at serious risk of violating the law and the rules of professional conduct, and having the opposing party accuse me of conduct giving rise to liability.

Q: Dear Ethics Lawyer, We represented a difficult client in a litigation matter for a little over a year until it became apparent that they were not being truthful with us, and they also fell months behind on paying our fees. We withdrew from the representation after complying with applicable court rules as required by Model Rule 1.16(c) as adopted in our jurisdiction. Now, a few months later, we have received a demand from our former client to provide to new counsel they have engaged “a memorandum that includes a complete summary of all work we had performed; and all facts we had gathered, with citation and copies of sources; and legal arguments and strategies with case and statutory citation.” We understand we have some responsibility for “steps . . .reasonably practicable to protect a client’s interests,” as required by Model Rule 1.16(d), but this seems way beyond what is specified there. We are prepared to hand over the client file. But responding to this would require us to create an extensive memorandum, refreshing ourselves on matters we’ve set aside, and doing additional work—for free. What is our duty here?