A South Carolina Motion to be Relieved as Counsel is a legal document filed in a court of law in South Carolina that states a lawyer's request to be relieved of their duties as legal counsel in a particular case. The motion must include the reasons why the attorney wishes to be relieved from their duties, as well as a request for a court order allowing the attorney to be relieved. There are two types of South Carolina Motion to be Relieved as Counsel: a voluntary motion, which is filed by the attorney themselves, or an involuntary motion, which is filed by a third party. In either case, the motion must be approved by a judge in order for the attorney to be relieved from their duties.
South Carolina Motion to be Relieved as Counsel
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State:
South Carolina
Control #:
SC-SKU-0699
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PDF
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Motion to be Relieved as Counsel
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FAQ
Rules to show cause carry powerful sanctions which are listed in S.C. Code § 63-3-620. The court can order the other party to spend up to one year in jail, fine him or her up to $1,500.00 or make him or her perform up to 300 hours of community service unless and until that party complies with the court order.
Upon written request of the prosecution, the defendant shall within ten days or at such time as the court may direct, notify the prosecution in writing of the defendant's intention to rely upon the defense of insanity at the time of the crime or to enter a plea of guilty but mentally ill.
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).
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.
Filing a Brady Motion ? Another option is to file a Brady motion, which compels the prosecution to disclose any material and exculpatory evidence in its possession.
The Brady rule, named after Brady v. Maryland, requires prosecutors to disclose material, exculpatory information in the government's possession to the defense.
1 A lawyer should not accept representation in a matter unless it can be performed competently, promptly, without improper conflict of interest and to completion.
Upon any trial or hearing, the clerk shall furnish the original record in the action to the judge, who shall return same to the clerk immediately upon completion of such trial or hearing. Copies of the record may be furnished instead of the original by permission of the judge.