The American Bar Association Standing Committee on Ethics and Professional Responsibility released a formal opinion urging attorneys through Formal Opinion 519 to prioritize client confidentiality when moving to withdraw from representation, disclosing only what's "reasonably necessary" and under seal if possible, even if it risks the motion's denial. See ABA Press Release.
Lawyers have gotten into trouble in the past for saying too much in their withdrawal motions.
Earlier this year, for instance, the Tennessee Supreme Court affirmed the suspension of a Davidson County attorney whose motion to withdraw as counsel in a divorce proceeding included a collection of email communications displaying a breakdown in communications.
If a lawyer has to explain the basis of a withdrawal, they first should use a formulaic reference to “professional considerations” or similar language, according to the opinion.
If the judge requires more information, the attorney should seek “to persuade the court to rule on the motion without requiring the disclosure of confidential client information, asserting all nonfrivolous claims for maintaining confidentiality.”
If the court still requires more information, the lawyer should seek permission to provide the necessary information “in camera and ex parte.” Or the lawyer can try to provide the information under seal.
The lawyer should remind the court of client confidentiality obligations detailed in Model Rule 1.6.
“Ultimately, the lawyer’s paramount duty is to preserve client confidentiality, even at the risk that the tribunal may deny the motion to withdraw.”
See Other recent ABA ethics opinions.
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