What is a lawyer's obligation to take reasonable steps to avoid reasonably foreseeable prejudice upon withdrawing from representation of a client?

California, United States of America


The following excerpt is from Flatt v. Superior Court, 36 Cal.Rptr.2d 537, 885 P.2d 950, 9 Cal.4th 275 (Cal. 1994):

Depending on the circumstances, a lawyer's obligation to take "reasonable steps to avoid reasonably foreseeable prejudice" upon withdrawing from representation of a client can require the lawyer to advise the client of the running of the applicable statute of limitations on the client's claim or of the need to promptly seek replacement counsel. (See Miller v. Metzinger (1979) 91 Cal.App.3d 31, 42, 154 Cal.Rptr. 22 [lawyer withdrawing from a representation was required under the circumstances to advise client that limitations period was running and that client should promptly seek replacement counsel].)

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