What is a prerequisite for a practitioner to withdraw from representing a pending application?

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Withdrawing from representing a client in a pending application involves specific ethical and procedural obligations. The requirement to deliver all papers and property to the client is essential because it ensures that the client has all necessary materials to continue their case without disruption. This provision protects the client's interests and maintains continuity in their proceedings.

The continued representation of a client may pose ethical dilemmas if, for instance, the practitioner is not qualified or if there is a breakdown in the attorney-client relationship. However, simply proving a lack of qualifications or writing a resignation letter does not meet the standard for withdrawal. Obtaining the client’s approval can be important in certain contexts, but the unequivocal obligation to return all materials before withdrawal is a hallmark of ethical practice in the legal profession. Thus, delivering all papers and property to the client is a fundamental prerequisite for a practitioner to formally withdraw from representation in a pending application.

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