What are the reasons a practitioner may withdraw from representing a client?

According to 37 CFR 11.116(b), a practitioner may withdraw from representing a client for several reasons, including:

  • Withdrawal can be accomplished without material adverse effect on the client’s interests
  • The client persists in a course of action the practitioner reasonably believes is criminal or fraudulent
  • The client has used the practitioner’s services to perpetrate a crime or fraud
  • The client insists on taking action the practitioner considers repugnant or fundamentally disagrees with
  • The client fails to fulfill an obligation regarding the practitioner’s services after reasonable warning
  • The representation results in an unreasonable financial burden or has been rendered unreasonably difficult by the client
  • Other good cause for withdrawal exists

It’s important to note that when requesting withdrawal, practitioners should be mindful of client confidentiality as required by 37 CFR 11.106. In cases involving sensitive reasons for withdrawal, practitioners should cite ‘irreconcilable differences’ and submit supporting evidence as proprietary material.

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Topics: MPEP 400 - Representative of Applicant or Owner, Patent Law, Patent Procedure
Tags: Client Representation, Patent Practitioner Withdrawal, Professional Conduct