10.6 – Withdrawal for Improper Purpose

In When You Must Withdraw Services (Obligatory Withdrawal), we discussed the principle of integrity found in section 2.1-1 of the Code). This principal speaks to your obligation to the courts and tribunals, other lawyers, your client, and yourself. In keeping with this principle, you must not withdraw from representation for any improper purpose.

Just as what may be unfair to a client depends on the circumstances of the case, so does a determination of what constitutes impropriety. Examples of impropriety in the context of withdrawal could include withdrawing for the purpose of:

• delaying court or other proceedings,
• assisting the client in effecting an improper purpose, or
• circumventing the duty of loyalty to a client (Canadian National Railway Co. v McKercher LLP, 2013 SCC 39).