Who can keep up with Kim Kardashian’s and Kris Humphries divorce anymore?
Not only do Kardashian and Humphries not get along. In the latest twist, Marshall Waller, divorce lawyer to Humphries, has filed a motion to be removed as counsel.
Waller, in his motion cited irreconcilable differences, as the reasons for the break-down of their lawyer-client relationship. His motion is scheduled for March 20.
In Ontario, lawyers are governed by the Rules of Professional Conduct. According to Rule 2.09(1) “a lawyer shall not withdraw from representation of a client except for good cause and upon notice to the client appropriate in the circumstances.”
In general clients have the right to terminate the services of their lawyer at any time; however lawyers do not enjoy the same freedom. Lawyers must try to represent their clients until there is a justifiable cause for terminating the relationship. However, lawyer may withdrawal (optionally) based on the following:
- The refusal of the client to accept and act upon the lawyer’s advice on a significant point might indicate a loss of confidence justifying the withdrawal.
- Where the client fails to provide funds on account of disbursement or fees, a lawyer may withdraw unless there will be some serious prejudice to the client.
There are also certain cases where withdrawal by a lawyer is mandatory:
- When the lawyer is discharged by the client,
- The lawyer is instructed by the client to do something inconsistent with the lawyer’s duty to the tribunal and, following explanation, the client persists in such instructions,
- The client is guilty of dishonourable conduct in the proceedings or is taking a position solely to harass or maliciously injure another,
- It becomes clear that the lawyer’s continued employment will lead to a breach of the Rules of Professional Conduct.
- The lawyer is not competent to handle the matter.
Perhaps the fact that Kris is seeking to have his marriage from Kim annulled, is what has caused Marshall and Humphries not see eye to eye.