Motion To Withdraw Vs Notice Of Withdrawal

State:
Multi-State
Control #:
US-00831
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample motion for withdrawal of the attorney of record from a criminal case, citing the defendant's failure to contact the attorney and consequent inability to prepare the defense. Adapt to fit your circumstances.

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FAQ

The term ?case withdrawn? means that court has decided, after evaluating the merits of a specific case, that there is no need to continue the trial and arrive at a conclusion of guilty or not guilty.

Unless a court order or Local Rule 2091-2 provides otherwise, an attorney must file a motion and obtain Court approval to be removed as counsel. The attorney is responsible for all legal representation of his or her client until the withdrawal is approved by the Court.

The notice of withdrawal shall include the address of the attorney's client and a statement that no motion is pending and no hearing or trial has been set. If a motion is pending or a hearing or trial has been set, an attorney may not withdraw except upon motion and order of the court.

The Rules of Professional Conduct of the State Bar of California (?Rules of Conduct?) specify three circumstances under which an attorney must terminate a client relationship: (1) where the attorney knows or reasonably should know that a client is bringing an action, conducting a defense, asserting a position in ...

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Motion To Withdraw Vs Notice Of Withdrawal