Sample Motion To Withdraw As Counsel With Consent

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

Description

The Sample Motion to Withdraw as Counsel with Consent is a legal document that enables an attorney to formally withdraw from representing a client with the client's agreement. This motion is typically filed in cases where communication has broken down, preventing effective representation. Key features include sections for identifying the court, the parties involved, and a clear statement of the attorney's inability to continue representation, along with a certification of service to notify relevant parties. Users must fill in the specifics, such as the names of the plaintiff and defendant, court information, and details about previous attempts to contact the client. The form is especially useful for attorneys, partners, and legal professionals involved in managing case responsibilities, as it helps maintain professionalism while adhering to legal obligations. Paralegals and legal assistants can leverage this form to streamline the withdrawal process, ensuring all procedural requirements are met efficiently. This motion is applicable in various legal settings, especially where legal representation needs to be transferred or terminated amicably.

How to fill out Motion To Withdraw As Attorney?

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FAQ

If this motion to be relieved as counsel is granted, you will not have an attorney representing you. You may wish to seek legal assistance. If you do not have a new attorney to represent you in this action or proceeding, and you are legally permitted to do so, you will be representing yourself.

Mandatory Withdrawal the lawyer is discharged by the client; the lawyer's physical or mental condition materially impairs the lawyer's ability to represent the client; or. the representation will result in a violation of the Rules of Professional Conduct or other law.

An attorney appearing in a case or adversary proceeding may request to withdraw as counsel of record for his or her client. 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.

Even if the matter is not pending before a tribunal, the ethics rules of most states provide that a lawyer cannot withdraw until he or she has taken reasonable steps to avoid foreseeable prejudice to the rights of his client, such as giving notice to the client, allowing time for employment of other counsel, delivering ...

Withdrawal is also permitted if the lawyer's services were misused in the past. The lawyer also may withdraw where the client insists on pursuing a repugnant or imprudent objective or one with which the lawyer has fundamental disagreement.

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Sample Motion To Withdraw As Counsel With Consent