Information for Attorneys and Representatives Before the Office of Administrative Law Judges:
Withdrawal as Counsel
In the course of representation of a client, an attorney may be required or permitted to withdraw from representation of the client in situations such as where a client demands that the lawyer engage in conduct that is illegal or violates applicable rules of professional conduct, the client discharges the lawyer, or the attorney and the client have a disagreement and applicable ethical rules permit the attorney to withdraw. See, e.g. , ABA Model Rules of Professional Conduct Rule 1.16 and Comments to Rule 1.16.
Where a case is pending before the Office of Administrative Law Judges, any attorney of record must file prior notice in writing of intent to withdraw as counsel. 29 C.F.R. § 18.34(g)(1).
In Sarbanes-Oxley Act whistleblower proceedings, attorneys representing a corporate entity should consult the Securities and Exchange Commission's "noisy withdrawal" provision at 17 CFR § 205.3 of the SEC's Standards of Professional Conduct for Attorneys to determine if that provision applies to a withdrawal before OALJ. For further information, see the following SEC Federal Register documents: Proposed Rule: Implementation of Standards of Professional Conduct for Attorneys; Final Rule: Implementation of Standards of Professional Conduct for Attorneys: Proposed Rule: Implementation of Standards of Professional Conduct for Attorneys