TBA Law Blog


Posted by: Stacey Shrader Joslin on May 21, 2026

The American Bar Association (ABA) Standing Committee on Ethics and Professional Responsibility released a formal opinion on May 20 clarifying Rule 1.16(b)(5) of the ABA Model Rules of Professional Conduct. That rule permits a lawyer to withdraw from representation when “the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer’s services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled.” Formal Opinion 523 clarifies how these obligations can be formalized in engagement agreements and the ethical limitations on such provisions. Read more in a press release.