Opinion 1069

The lawyer represented a brain-injured client in a personal injury matter. The client told the lawyer she wanted to dismiss the lawsuit; the lawyer believed the client wished to do so based on paranoia resulting from the brain injury. The Committee was of the opinion that where your client has instructed you to dismiss a lawsuit, and you believe she is acting against her best interests, your options are limited. You have apparently attempted to exert your influence to get independent help and follow your advice, which has not been successful. You have also concluded that she is not so incapacitated as to permit you to obtain the appointment of a guardian ad litem. Therefore, the Committee was of the opinion that you must follow your client's instructions and that if you do not feel you can do so, you must withdraw from further representation of her. The Committee was of the opinion that this should be done in such a way as to fully protect your client's interests, and that after appropriate notice to your client, you should request an in camera meeting with a judge to explain the problem and make a record for withdrawal. This meeting should not be in the presence of the opposing lawyer, and, if necessary, you should seek a protective order so that whatever record is made is not a part of the file.

Advisory Opinions are provided for the education of the Bar and reflect the opinion of the Committee on Professional Ethics (CPE) or its predecessors. Advisory Opinions are provided pursuant to the authorization granted by the Board of Governors, but are not individually approved by the Board and do not reflect the official position of the Bar association. Laws other than the Washington State Rules of Professional Conduct may apply to the inquiry. The Committee's answer does not include or opine about any other applicable law other than the meaning of the Rules of Professional Conduct.