Q Between the client and the attorney, who decides what a settlement figure should be? I am having a serious dispute with my attorney. He has handled the matter nearly a year, and seems to feel my opinion is meaningless.

— H.K., Long Beach

A The client hires the attorney. In turn, the attorney has a duty of loyalty and good faith to the client. It is not the role of the attorney to dictate the game plan or the settlement figure. The attorney can counsel, provide guidance, and discuss matters to assist the client, but decisions should either be mutual or the client ought to have final say. This does not mean the attorney has to agree fully with the client, or vice versa.

On the other hand, if the attorney is told by the client to take action that would violate legal ethics and/or good faith, the lawyer can advise the client he or she will not do so. If a dispute then arises that cannot be resolved, an “irreconcilable conflict” arises that can serve as a basis for the attorney to ask to be replaced, and, if necessary, move to withdraw by filing a formal request with the court.

If there is such sharp disagreement over the settlement amount that it rises to the level of a conflict impairing the lawyer’s ability to faithfully represent the client, the attorney may ask to be replaced, and, failing that, move to withdraw. You, the client, have the right to replace the lawyer in either event. The client is the employer in the relationship.

Q If an attorney decides she will not continue representing a client, does she just say so and that’s it? Or is some time provided for the client to try to find a replacement?

— F.D., Inglewood

A California Rule of Professional Conduct 3-700 provides, in part, that: “A member (of the State Bar) shall not withdraw from employment until the member has taken reasonable steps to avoid reasonably foreseeable prejudice to the rights of the client, including giving due notice to the client, (and) allowing time for employment of other counsel.” In fact, an attorney may not just withdraw from representation of a client, absent either client consent or a court order. If there is client consent, typically this means aSubstitution of Attorney form is filled out, signed by those necessary to make it valid, served on the parties in the case and filed with the court.

Q We are concerned because we have had a falling out with our lawyer, and now have a replacement. The case is active. Just what can this ex-lawyer of ours say or disclose to the court?

— S.K., Los Angeles

A An attorney is only allowed to disclose to the court as much as is reasonably necessary to show the need to withdraw (if that issue is even before the court). This ordinarily means that there are ethical considerations that require withdrawal and/or there has been an irreconcilable breakdown in the relationship. No details ought to be divulged. It can be as simple as not getting paid. Note that the attorney-client privilege is inviolate, and must be carefully protected. If you sue the lawyer for malpractice, however, then you are waiving that privilege.

Ron Sokol is a Manhattan Beach attorney with more than 30 years of experience. His column appears on Wednesdays. Email questions and comments to him at RonSEsq@aol.com or write to him at Ask the Lawyer, Daily Breeze, 21250 Hawthorne Blvd., Suite 170, Torrance, CA 90503.