When must a lawyer withdraw from a contentious joint retainer?

A lawyer must withdraw from a contentious joint retainer when the contentious issue is not resolved because the continued representation of both clients becomes untenable due to the conflict that arises. In situations where a dispute exists between joint clients, if the contention remains unresolved, it creates a scenario where the lawyer cannot adequately represent the interests of both clients without compromising one party's interests for the benefit of the other. This situation usually leads to a conflict of interest that makes it ethically and legally necessary for the lawyer to step back and withdraw from representing both parties.

Navigating a contentious issue requires the lawyer to serve the best interests of each client, but when a dispute deepens and the positions of the clients become adversarial, representing both can lead to a breach of fiduciary duties. Therefore, the obligation to maintain professional integrity dictates that withdrawal is essential to avoid potential harm to any of the clients involved.