Ethical Withdrawal and Client Relationship Termination in Florida Probate
Most people assume a probate attorney is “locked in” for the entire case once hired. Not true. Just as clients can fire attorneys, probate lawyers can — and sometimes must — withdraw from representation. And when they do, the timing, reasons, and consequences can dramatically affect the estate’s progress.
Probate is long, emotional, and conflict-heavy. When the attorney–client relationship breaks down, the case stalls, mistakes multiply, and the personal representative risks serious legal exposure. Understanding when withdrawal happens — and why — helps you spot problems early and avoid being blindsided mid-probate.
The Legal and Ethical Standard for Withdrawal
Florida’s Rules of Professional Conduct govern when an attorney may or must withdraw.
Withdrawal falls into two categories:
1. Mandatory Withdrawal — the attorney has no choice
2. Permissive Withdrawal — the attorney has legal grounds to step back
Probate attorneys can’t walk away casually. They must protect the estate, avoid harming the client, and follow strict court procedures before the judge allows them to leave.
Mandatory Withdrawal: When the Lawyer Must Step Away
These are the non-negotiable situations — if they stay, they violate ethics rules and risk discipline.
1. Conflict of Interest Develops
If the attorney’s loyalty becomes divided — for example:
- Representing the PR while also advising a beneficiary
- Representing co-personal representatives who start fighting
- Discovering prior representation of someone now adverse
They must withdraw immediately.
2. The Client Insists on Illegal Conduct
If a personal representative wants the attorney to:
- Hide assets
- Ignore creditor claims
- Manipulate valuations
- Distribute property too early
- Mislead the court
The attorney must withdraw — and cannot participate in wrongdoing.
3. The Attorney Becomes Impaired
Illness, mental health issues, or loss of license forces withdrawal.
4. Representation Would Violate Ethics or Law
If the client’s actions make proper representation impossible, the attorney must step aside.
Permissive Withdrawal: When the Attorney May Quit Mid-Case
Probate attorneys can request withdrawal — but must convince the judge it’s justified and won’t harm the estate.
1. Breakdown of Communication
If the client stops responding, ignores emails, or refuses to provide documents, the attorney cannot fulfill legal duties.
2. Nonpayment of Fees
Probate attorneys are not required to work for free.
Common triggers:
- The personal representative refuses to approve fees
- The estate lacks liquidity but the PR won’t cooperate
- The client disputes the retainer agreement
Judges usually allow withdrawal when the client is the problem.
3. Loss of Trust or Hostile Behavior
If the client becomes abusive, accusatory, or constantly undermines the attorney’s strategy, the relationship becomes untenable.
4. Client Refuses Critical Advice
When a client repeatedly disregards essential legal guidance — especially on filings, deadlines, or asset protection — the attorney may step away to avoid liability.
5. Unreasonable Demands
Examples:
- Pressuring the attorney to act as a “family mediator”
- Demanding unrealistic timelines
- Expecting the attorney to take sides in beneficiary disputes
Attorneys cannot work under conditions that make competent representation impossible.
Court Approval Is Required — Always
Unlike other legal fields, a probate attorney cannot simply quit by sending a letter.
They must:
- File a Motion to Withdraw
- Notify the client
- Provide the court with reasons (broadly, without breaching confidentiality)
- Wait for a judge’s approval
If the judge believes withdrawal would harm the estate or leave the PR unrepresented at a critical stage, the court may delay approval until replacement counsel is found.
Why Withdrawal Hits Probate Hard
Probate is already slow; attorney turnover grinds it to a halt.
1. Delayed Filings
Inventories, notices, accountings, and motions stop until a new attorney steps in.
2. Lost Momentum in Disputes
If the estate is in litigation, withdrawal resets strategy and timeline.
3. Risk to the Personal Representative
Missed deadlines = personal liability for mistakes.
4. Increased Costs
New attorneys must review the entire file, recreate work, and correct errors.
This adds weeks — sometimes months — and thousands in fees.
5. Damage to Court Perception
Multiple attorney withdrawals can signal to the judge that the PR is difficult or unreliable — not a good look in a supervised estate.
When Withdrawal Is a Red Flag About the Client
Sometimes the attorney quits because the client is sabotaging their own case.
Common patterns:
- PR refuses to share accounts or records
- PR is mismanaging funds
- PR hides transactions
- PR violates fiduciary duties
- PR refuses to take required actions
If several attorneys leave, the court may remove the personal representative entirely.
When Withdrawal Is a Red Flag About the Attorney
On the flip side, withdrawal may highlight attorney problems:
- Poor communication
- Disorganization
- Overloaded caseload
- Inexperience with contested estates
- Unethical behavior
- Billing disputes signaling sloppy practice
Sometimes the smartest move is letting that attorney go.
Real Miami Example
A personal representative in Coconut Grove hired an attorney who initially seemed competent. But as creditor claims appeared and family disputes intensified, the attorney stopped responding and missed multiple deadlines.
When the PR pushed for updates, the attorney filed a motion to withdraw — citing “communication issues.”
The judge approved the withdrawal but warned the PR about upcoming deadlines.
The PR found a new attorney who discovered:
- Creditor objections had been ignored
- Required notices were never sent
- The inventory was overdue
- Assets were at risk
Because the withdrawal happened late, the estate lost months — and nearly exposed the PR to personal liability.
Had the PR switched earlier, the estate would have stayed on track.
How to Protect Yourself If Your Probate Attorney Withdraws
1. Hire a replacement immediately
Do NOT wait. Every day increases risk.
2. Demand the complete client file
You’re entitled to everything — notes, correspondence, drafts, filings.
3. Confirm upcoming deadlines with the court
Your new attorney needs these to avoid sanctions.
4. Clarify outstanding fees
The old attorney may seek payment for work performed.
Your new attorney can challenge unreasonable claims.
5. Evaluate whether the withdrawal was justified
If not, you may have grounds for fee disputes or bar complaints.
Takeaways
- Probate attorneys can withdraw, but only under strict ethical and legal rules.
- Mandatory withdrawal occurs when conflicts, illegality, or ethical violations arise.
- Permissive withdrawal happens when communication, payment, or trust breaks down.
- Judges must approve all withdrawals — attorneys can’t abandon a case without permission.
- Withdrawal usually delays probate, increases costs, and raises risk for the personal representative.
- If your attorney leaves, move fast — replace them immediately and secure your file.
Probate is already complicated; attorney turnover makes it dangerous. The best defense is choosing the right attorney from the start — and recognizing early signs that the relationship is breaking down.
