Sample Motion To Withdraw As Counsel Without A Lawyer

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

(c) Withdrawing attorney (1) An attorney may request withdrawal by filing a motion to withdraw. Unless the court orders otherwise, the motion need be served only on the party represented and the attorneys directly affected. (2) The proof of service need not include the address of the party represented.

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.

A notice of motion and motion to be relieved as counsel under Code of Civil Procedure section 284(2) must be directed to the client and must be made on the Notice of Motion and Motion to Be Relieved as Counsel-Civil (form MC-051). (Subd (a) amended effective January 1, 2007; previously amended effective July 1, 2000.)

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.

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.

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Sample Motion To Withdraw As Counsel Without A Lawyer