Texas Substitution of Attorney
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How to fill out Texas Substitution Of Attorney?
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FAQ
10. An attorney may withdraw from representing a party only upon written motion for good cause shown.
The representation will result in a violation of the Rules of Professional Conduct or other law; the lawyer's physical, mental or psychological condition materially impairs the lawyer's fitness to represent the client; or.
(1) Service by mail or commercial delivery service shall be complete upon deposit of the document, postpaid and properly addressed, in the mail or with a commercial delivery service. (2) Service by fax is complete on receipt.
The lawyer should send a disengagement letter to establish that the relationship is no longer continuing, and to refer the client to another lawyer. In the disengagement letter, the lawyer should warn the client of applicable time limitations, deadlines, and uncompleted investigation or casework.
You may dismiss a case you filed at any time before you have introduced all your evidence, or take a non-suit by filing a Notice of Nonsuit with the court.
Prior to taking any action, a lawyer should explain his reasons for withdrawing. This explanation should be objective, concise and clearly understandable rather than confrontational. If the reason is based on client conduct, the client should be afforded a reasonable opportunity to take corrective action.
The client's replacement counsel who is a member of the same law firm as the attorney of record may file a notice of substitution of counsel. The notice of substitution must include a representation that the client has been informed of and consents to the substitution.
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.