[Code of Federal Regulations]
[Title 32, Volume 5]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR776.35]

[Page 521]
 
                       TITLE 32--NATIONAL DEFENSE
 
                   CHAPTER VI--DEPARTMENT OF THE NAVY
 
PART 776_PROFESSIONAL CONDUCT OF ATTORNEYS PRACTICING UNDER THE 
 
                 Subpart B_Rules of Professional Conduct
 
Sec. 776.35  Declining or terminating representation.

    (a) Declining or terminating representation:
    (1) Except as stated in paragraph (a)(3) of this section, a covered 
attorney shall not represent a client or, when representation has 
commenced, shall seek to withdraw from the representation of a client 
if:
    (i) The representation will result in violation of the Rules 
contained in this subpart or other law or regulation;
    (ii) The covered attorney's physical or mental condition materially 
impairs his or her ability to represent the client; or
    (iii) The covered attorney is dismissed by the client.
    (2) Except as stated in paragraph (a)(3) of this section, a covered 
attorney may seek to withdraw from representing a client if withdrawal 
can be accomplished without material adverse effect on the interests of 
the client, or if:
    (i) The client persists in a course of action involving the covered 
attorney's services that the covered attorney reasonably believes is 
criminal or fraudulent;
    (ii) The client has used the covered attorney's services to 
perpetrate a crime or fraud;
    (iii) The client insists upon pursuing an objective that the covered 
attorney considers repugnant or imprudent;
    (iv) In the case of covered non-USG attorneys, the representation 
will result in an unreasonable financial burden on the attorney or has 
been rendered unreasonably difficult by the client; or
    (v) Other good cause for withdrawal exists.
    (3) When ordered to do so by a tribunal or other competent 
authority, a covered attorney shall continue representation 
notwithstanding good cause for terminating the representation.
    (4) Upon termination of representation, a covered attorney shall 
take steps to the extent reasonably practicable to protect a client's 
interests, such as giving reasonable notice to the client, allowing time 
for assignment or employment of other counsel, and surrendering papers 
and property to which the client is entitled and, where a non-USG 
attorney provided representation, refunding any advance payment of fee 
that has not been earned. The covered attorney may retain papers 
relating to the client to the extent permitted by law.
    (b) [Reserved]