Texas Motion to Withdraw as Attorney

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

Withdrawal of an attorney may be effected (a) upon motion showing good cause and under such conditions imposed by the Court; or (b) upon presentation by such attorney of a notice of substitution designating the name, address, telephone number, and State Bar of Texas identification number of the substitute attorney, ...

A motion to withdraw is a procedure used to ask a court's permission to take back or ?withdraw? some step the party or lawyer has taken.

Under Rule 1.16(a), lawyers are required to either decline to represent a client, or to withdraw, when the representation would result in a violation of the rules of professional conduct or other law; the lawyer's physical or mental condition materially impairs their ability to represent client; or the lawyer has been ...

A motion to withdraw may be granted without hearing if: (a) The client has signed the motion or order, consenting to the withdrawal; (b) Another lawyer has made an appearance on behalf of the client; or (c) The motion is accompanied by a letter that notifies the client of the client's right to object to the withdrawal ...

Model Rule 1.16(b) and similar rules in many states impose additional limits on a lawyer's ability to withdraw, permitting withdrawal when: the client persists in a criminal or fraudulent course of action; the client has used the lawyer's services to perpetrate a crime or fraud;

A motion to withdraw may be granted without hearing if: (a) The client has signed the motion or order, consenting to the withdrawal; (b) Another lawyer has made an appearance on behalf of the client; or (c) The motion is accompanied by a letter that notifies the client of the client's right to object to the withdrawal ...

As always, students may drop classes without penalty prior to the 12th class day (Census Day) in any semester. Non-academic withdrawals are exempt from counting toward the 6-Withdrawals rule. Non-academic withdrawals include withdrawals due to severe illness, death, military duty, work schedule conflict, or good cause.

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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Texas Motion to Withdraw as Attorney