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AR: Failure to deliver file on withdrawal justified discipline

By John Wesley Hall, Jr.

Arkansas decides a discipline appeal for violation of Rule 1.16 for not delivering the file to the client on withdrawal where the lawyer relied on "office policy." While there are two possible outcomes, entire file or the file without work product, the client got neither, so the disciplinary was affirmed. As for a future interpretation of the rule, the court requested the Committee to draft an addition to the Comment. [N.C. has a comment paragraph that takes a position.] Travis v. Supreme Court Committee on Professional Conduct, 08-1341 (Ark. April 9, 2009).

Full post as published by Law Of Criminal Defense on April 10, 2009 (boomark / email).