At TLI, we regularly field inquiries from attorneys about whether they can withdraw from a client representation before the client matter concludes. Texas Disciplinary Rule of Professional Conduct 1.16(b) sets out the factors dictating permissive withdrawal.  In essence, a lawyer shall not withdraw from a client representation “unless withdrawal can be accomplished without material adverse effect on the interests of the client,” or other circumstances exist as set out in Rule 1.16(b)(2)-(7). See, Cmt. 8 to Rule 1.16. 

Attorneys are often stumped as to what constitutes “material adverse effect” and thus when withdrawal is allowed pursuant to TDRPC 1.16(b)(1), especially since the Rules do not define this phrase.  However, we now have guidance on this from ABA Formal Opinion 516 issued on April 2, 2025. Because TDRPC 1.16(b)(1) is substantially similar to ABA Model Rule 1.16(b)(1), we can use Opinion 516 to…