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Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 11 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

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<p><img style="max-width: 100%;height: auto" width="564" height="267" src="https://www.thelawforlawyerstoday.com/wp-content/uploads/sites/1019/2021/11/Professionalism-2-825x347.webp"></p>
			<p>We previously discussed whether lawyers can withdraw from a representation simply because they want to and withdrawing would not have a materially adverse impact on the client (<a href="https://www.thelawforlawyerstoday.com/2025/06/aba-passes-the-hot-potato-in-recent-ethics-opinion/">think hot potato</a>). But what happens when the lawyer is <a href="https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_16_declining_or_terminating_representation/" target="_blank" rel="noreferrer noopener">representing the client before a tribunal</a>? What can lawyers disclose when they have made the decision to withdraw or when a withdrawal is necessary? According to the ABA, not much. Lawyers have to be very careful they are not spilling confidential information about the representation in their attempt to justify their withdrawal, lest they find themselves defending a <a href="https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_6_confidentiality_of_information/" target="_blank" rel="noreferrer noopener">Rule 1.6</a> violation.&nbsp;</p>
<h2 class="wp-block-heading">ABA&rsquo;s take on the topic</h2>
<p>In December 2025, the American Bar Association&rsquo;s Standing Committee on Ethics and Professional Responsibility issued <a href="https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-519.pdf">Formal Opinion 519</a>.&nbsp;Opinion 519 explains that, absent client consent, an explicit exception, a court order, or other applicable law, lawyers are prohibited under Rule 1.6 from revealing &ldquo;<a href="https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-511r.pdf">information relating to the representation</a>&rdquo; in support of a withdrawal motion.</p>
<p>The Committee opined that, consistent with other exceptions in Rule 1.6(b), even when permissible, disclosure of confidential information must be strictly limited to what is &ldquo;reasonably necessary&rdquo; using the most protective measures. That&rsquo;s not a problem for lawyers practicing before courts willing to grant bare-bones motions to withdraw. But many judges don&rsquo;t like Motions to Withdraw (which can often delay cases).&nbsp;Some are unwilling to grant these motions without getting enough detail to justify the basis for withdrawal.</p>
<p>The need to withdraw can arise in many situations.&nbsp;Sometimes it is as simple as a client that doesn&rsquo;t pay.&nbsp;But other times the reasons are more complicated.&nbsp;Often, withdrawal is mandated by the Rules, including emerging or thrust upon conflicts. Or a client that has perjured himself and refuses to recant. In those cases, compliance with Rule 1.6 can become a very tricky balancing act. The Committee reminds us that courts have disciplined lawyers for voluntarily disclosing information related to the representation in their withdrawal motions, as such disclosures violate Rule 1.6 when they are unnecessary or broader than necessary.</p>
<p>Pointing to <a href="https://nysba.org/wp-content/uploads/2015/06/Opn-1057.pdf">NYSBA Op. 1057</a>, the Committee explains that ethics opinions in various states caution lawyers not to volunteer information protected by Rule 1.6 for the purposes of bolstering their motions to withdraw. Same with <a href="https://www.calbar.ca.gov/sites/default/files/portals/0/documents/ethics/Opinions/CAL%202015-192%20%5b12-0001%5d.pdf">CA Formal Op. 2015-192</a>.&nbsp;Of course, the lawyer can just seek the client&rsquo;s consent.&nbsp;But again, in some situations the Court may not accept even a stipulated withdrawal.</p>
<p>The Committee suggests a step-by-step approach.&nbsp;First, file a &ldquo;professional considerations&rdquo; or &ldquo;irreconcilable differences&rdquo; motion.&nbsp;If the court requests further information, try to persuade the court to rule on the motion without disclosing confidential client information asserting claims of confidentiality and for protection of the attorney-client privilege. If that doesn&rsquo;t work and the court orders the submission of additional information (thus invoking the &ldquo;complying with Court Order&rdquo; exception in Rule 1.6(b)(6)), the lawyer may still only disclose information to the extent &ldquo;reasonably necessary&rdquo; to satisfy the court&rsquo;s order.&nbsp;And even then, only by the most restrictive means available, such as in camera review or under seal.&nbsp;If the court does not enter an order but states that the motion to withdraw will be denied absent the lawyer providing additional information, the lawyer is bound by their duty of confidentiality. The lawyer should tell the judge that unless there is a court order, Rule 1.6 obligates the lawyer to maintain the confidentiality of the information. The lawyer should request that, if the court orders disclosure, the court require the lawyer to disclose only so much information as is essential and allow the lawyer to make the disclosures in camera or under seal.</p>
<h2 class="wp-block-heading">Other states are on the same page</h2>
<p><a href="https://www.azbar.org/for-legal-professionals/ethics/best-practices/er-1-16-declining-or-terminating-representation/">Arizona</a> advises its lawyers that motions to withdraw must be &ldquo;quiet&rdquo; stating only that &ldquo;Professional considerations require termination of the representation.&rdquo; <a href="https://filehost.thompsonhine.com/uploads/Michigan_ethics_opinion_227a.pdf">Michigan</a> attorneys should invoke Rule 1.6 when pressed by the court to disclose confidential information, and, if ordered to reveal such information, to do so only to the extent necessary. <a href="https://news.mobar.org/ethics-withdrawing-from-representation/">Missouri</a> offers attorneys some language that complies with Rule 1.6&mdash;&rdquo;Professional considerations require termination of the representation&rdquo; and &ldquo;There has been a break-down in the attorney-client relationship.&rdquo; Likewise, <a href="https://www.nhbar.org/withdrawing-from-representation-motions-to-withdraw-part-2">New Hampshire</a> attorneys are reminded that they are often going to be limited to using the &ldquo;professional considerations&rdquo; explanation in motions to withdraw.&nbsp;<a href="https://www.iowabar.org/?pg=IowaLawyerMagazine&amp;pubAction=viewIssue&amp;pubIssueID=64443&amp;pubIssueItemID=423958">Iowa&rsquo;s</a> confidentiality rule&mdash;similar to the Model Rule&rsquo;s version&mdash;makes &ldquo;noisy withdrawals&rdquo; problematic for its attorneys too. <a href="https://www.wisbar.org/NewsPublications/WisconsinLawyer/Pages/Article.aspx?ArticleID=31440">Wisconsin</a> lawyers are also reminded that in Wisconsin all information related to the representation is presumed confidential absent client consent or applicable exception. While <a href="https://www.nycourts.gov/ad3/agc/rules/22NYCRR-Part-1200.pdf">New York</a> cautions its attorneys not to volunteer unnecessary information, it is noteworthy that its Rule does not protect non-privileged information unless its disclosure would be embarrassing or detrimental to the client or the client asks the information be kept confidential.</p>
<h2 class="wp-block-heading">The bottom line</h2>
<p>Keep your motion to withdraw brief. Using phrases like &ldquo;professional considerations&rdquo; is your best bet. If the court presses on, reveal only what you absolutely must disclose to comply under the most protective means possible.</p>

I Want to Withdraw from My Representation, But Can I Tell the Court Why?

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