In Uncategorized on 01/22/2021 at 15:39

There are (so far) no fewer than 456 (count ’em, 456) orders on the Tax Court website today. This may be part of the post-DAWSON hiatus tsunami. Half of these are simply pretrial standing orders, as Spring session teletrials taxi out and line up.

But most unusual are some seventeen (count ’em, seventeen) orders granting motions to withdraw as counsel by a well-known Tax Court attorney.

I have reached out to the attorney, asking for any non-privileged statement he may wish to make, but I can conceive of at least four grounds whereunder privilege may be asserted. So I certainly draw no inference as to any basis for any of such motions, nor from any failure or refusal to respond to my request for comment.

And of course I will publish any response in this my blog.

But what a good question it would make for the Multi-State Ethics segment of the Multi-State Bar Examination (or any State, Commonwealth or Territory equivalent). “X, Esq., presently attorney of record in the case of X vs Y, moves to withdraw as counsel. What privileged communications or statements might be involved in, or form a basis for, such motion? Cite to specific provisions of the ABA Model Rules of Professional Conduct, or other relevant source.”


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