Motion to Withdraw as Counsel

MOTION TO WITHDRAW AS COUNSEL

IMPORTANT JURISDICTIONAL NOTICE

WARNING: Withdrawal procedures differ substantially across jurisdictions and between civil and criminal matters. Some courts require mandatory forms (e.g., California Judicial Council Forms MC-051, MC-052, MC-053), while others follow local rules that set specific content and timing requirements. In criminal cases, courts apply a heightened scrutiny standard due to the Sixth Amendment right to counsel. Before filing, the attorney must verify the applicable local rules, standing orders, and any mandatory forms for the court where the case is pending. This universal template is designed as a comprehensive drafting guide for adaptation to any jurisdiction.

COURT CAPTION

MOTION FOR LEAVE TO WITHDRAW AS ATTORNEY OF RECORD

SECTION 1: MOVING ATTORNEY INFORMATION

SECTION 2: CLIENT INFORMATION

Practice Note: Most jurisdictions require the client's last known address, telephone number, and email to be included in the motion. See, e.g., Texas Rule of Civil Procedure 10; Florida Rule of Judicial Administration 2.505(d)(1).

SECTION 3: CASE STATUS AND PENDING DEADLINES

3.1 Current Case Status

3.2 Pending Deadlines and Settings

CRITICAL: Courts evaluate the timing of withdrawal relative to upcoming deadlines. Disclosure of all pending dates is typically mandatory and failure to disclose may result in denial of the motion or sanctions.

3.3 Trial Proximity

SECTION 4: TYPE OF PROCEEDING

☐ Civil Matter — Standard good cause analysis applies

☐ Criminal Matter — Retained Counsel — Heightened scrutiny; court must ensure the defendant's Sixth Amendment right to counsel is protected

☐ Criminal Matter — Appointed/Public Defender — Withdrawal typically requires reassignment by the court; defendant cannot be left unrepresented

☐ Family Law Matter — May involve protective orders, custody issues, or ongoing support obligations requiring special consideration

☐ Probate / Guardianship Matter — Court may require continuity of representation for the protection of wards or beneficiaries

☐ Administrative Proceeding — Agency-specific withdrawal rules may apply

SECTION 5: GROUNDS FOR WITHDRAWAL

IMPORTANT: The attorney should state grounds without disclosing attorney-client privileged communications or confidential information. Under Model Rule 1.6, the duty of confidentiality survives termination of the attorney-client relationship.

5.1 Withdrawal Category

Select one:

☐ Mandatory Withdrawal (Model Rule 1.16(a)) — Attorney is required to withdraw

☐ Permissive Withdrawal (Model Rule 1.16(b)) — Attorney has discretion to withdraw

☐ Withdrawal by Client Request — Client has discharged attorney

☐ Withdrawal by Consent — Client and attorney mutually agree to termination

5.2 Mandatory Withdrawal Grounds (Model Rule 1.16(a))

If mandatory withdrawal is selected, identify the applicable ground:

☐ Continued representation will result in a violation of the Rules of Professional Conduct or other law (Rule 1.16(a)(1))

☐ The attorney's physical or mental condition materially impairs the ability to represent the client (Rule 1.16(a)(2))

☐ The client persists in using the attorney's services to commit or further a crime or fraud, despite the attorney's counseling regarding the limitations on such conduct (Rule 1.16(a)(3))

☐ The attorney has been discharged by the client (Rule 1.16(a)(3) / common law)

5.3 Permissive Withdrawal Grounds (Model Rule 1.16(b))

If permissive withdrawal is selected, identify the applicable ground(s):

☐ Withdrawal can be accomplished without material adverse effect on the client's interests (Rule 1.16(b)(1))

☐ The client persists in a course of action involving the attorney's services that the attorney reasonably believes is criminal or fraudulent (Rule 1.16(b)(2))

☐ The client has used the attorney's services to perpetrate a crime or fraud (Rule 1.16(b)(3))

☐ The client insists upon taking action with which the attorney has a fundamental disagreement (Rule 1.16(b)(4))

☐ The client has failed substantially to fulfill an obligation to the attorney regarding the attorney's services and has been given reasonable warning that the attorney will withdraw unless the obligation is fulfilled (Rule 1.16(b)(5))

☐ The representation will result in an unreasonable financial burden on the attorney or has been rendered unreasonably difficult by the client (Rule 1.16(b)(6))

☐ Other good cause for withdrawal exists (Rule 1.16(b)(7))

5.4 Statement of Good Cause

Provide a statement of grounds in general terms, without disclosing privileged or confidential information:

[________________________________]

[________________________________]

[________________________________]

[________________________________]

Practice Note: In California, CRC 3.1362(c) requires the declaration to state in general terms, without compromising the confidentiality of the attorney-client relationship, why a motion under CCP § 284(2) was brought instead of filing a consent under CCP § 284(1). In Texas, TRCP Rule 10 requires specific grounds for the relief sought. In New York, CPLR 321(b)(2) requires a motion on notice to the client, opposing counsel, and any other person the court may direct.

SECTION 6: CLIENT NOTIFICATION AND CONSENT

6.1 Client Notification

☐ Client was informed of this motion in person on [__/__/____]

☐ Client was informed of this motion by telephone on [__/__/____]

☐ Client was informed of this motion by written correspondence (letter/email) on [__/__/____]

☐ Client was served with a copy of this motion by personal service on [__/__/____]

☐ Client was served with a copy of this motion by certified mail, return receipt requested, on [__/__/____]

☐ Client was served by regular first-class mail at last known address on [__/__/____]

☐ Attorney was unable to locate client after reasonable efforts (describe efforts below)

6.2 Client Position

☐ Client consents to the withdrawal

☐ Client does not consent to the withdrawal

☐ Client has not responded to the notification

☐ Attorney has been unable to communicate with the client despite reasonable efforts

☐ Client has discharged the attorney

6.3 Efforts to Locate Client (if applicable)

If unable to locate the client, describe efforts made within the 30 days before filing this motion:

[________________________________]

[________________________________]

[________________________________]

Practice Note: California CRC 3.1362(d) specifically requires the attorney to state facts showing that the service address is the client's current or last known address, and describe reasonable efforts to locate a more current address within 30 days prior to filing. Texas TRCP Rule 10 requires the attorney to certify delivery to the client or a good-faith effort to find the client.

SECTION 7: CLIENT PROTECTION MEASURES

REQUIRED: Under Model Rule 1.16(d), upon termination of representation, the attorney must take steps to the extent reasonably practicable to protect the client's interests.

7.1 Steps Taken or to Be Taken

☐ Client has been provided reasonable notice and time to obtain substitute counsel

☐ Client has been advised of all pending deadlines, hearing dates, and the current status of the case

☐ Client has been informed of the right to appear pro se or retain new counsel

☐ Client file and papers will be surrendered to client or successor counsel promptly upon entry of the order

☐ Any unearned portion of fees or retainer will be promptly refunded, with a final accounting provided

☐ Trust account funds held for the client will be disbursed in accordance with Model Rule 1.15

☐ Client has been advised of applicable statutes of limitations or other critical time-sensitive rights

☐ A request for continuance has been filed to avoid prejudice (if applicable)

7.2 Substitute Counsel

☐ Substitute counsel has entered or will enter an appearance: [________________________________]

☐ No substitute counsel identified; client will proceed pro se

☐ Client indicates intent to retain new counsel; requests [____] days to do so

☐ Unknown whether client will obtain new counsel

SECTION 8: REQUEST FOR CONTINUANCE (if applicable)

☐ Not applicable — No pending hearings or deadlines require continuance

☐ Continuance Requested — Moving attorney requests the court continue the following matters to avoid prejudice to the client:

SECTION 9: MEMORANDUM OF POINTS AND AUTHORITIES

9.1 Legal Standard

An attorney may withdraw from representation upon a showing of good cause and with leave of court, provided that withdrawal will not cause undue prejudice to the client or delay in the proceedings. See ABA Model Rule 1.16; see also local rules of the court in which this matter is pending.

9.2 Mandatory Withdrawal

Under Model Rule 1.16(a), a lawyer shall withdraw from representation if: (1) continued representation will result in a violation of the Rules of Professional Conduct or other law; (2) the lawyer's physical or mental condition materially impairs the ability to represent the client; or (3) the client persists in using the lawyer's services to commit or further a crime or fraud despite the lawyer's counseling. Where mandatory withdrawal applies, the court should grant the motion unless withdrawal would cause prejudice that cannot be mitigated by reasonable conditions.

9.3 Permissive Withdrawal

Under Model Rule 1.16(b), a lawyer may withdraw if it can be accomplished without material adverse effect on the client's interests, or if specified good cause exists, including but not limited to: the client's fundamental disagreement with the attorney's recommended course of action, substantial failure to fulfill financial obligations despite reasonable warning, or the representation has been rendered unreasonably difficult by the client.

9.4 Tribunal Permission Required

Model Rule 1.16(c) provides that a lawyer must comply with applicable law requiring notice to or permission of a tribunal when terminating representation. When ordered to continue by the tribunal, the lawyer must do so notwithstanding good cause for termination. The court retains discretion to impose conditions on the withdrawal.

9.5 Factors Considered by Courts

Courts generally evaluate the following factors when ruling on a motion to withdraw:

1. Sufficiency of the stated reasons — Whether the grounds satisfy the applicable ethical rule (mandatory or permissive)
2. Prejudice to the client — Whether the client will be materially harmed by the loss of counsel at this stage
3. Prejudice to opposing parties — Whether withdrawal will delay the proceedings or impose additional costs on other litigants
4. Impact on the administration of justice — Whether the court's calendar and the efficient disposition of the case will be disrupted
5. Proximity to trial or dispositive deadlines — Withdrawal is more readily granted early in litigation; courts scrutinize motions filed close to trial
6. Adequacy of client notification — Whether the client has received reasonable notice and an opportunity to obtain substitute counsel
7. Client consent or opposition — While not dispositive, client consent weighs in favor of granting the motion

9.6 Criminal Case — Heightened Standard

In criminal proceedings, the court must also consider the defendant's Sixth Amendment right to effective assistance of counsel. Withdrawal of retained counsel in a criminal matter is subject to closer scrutiny, and withdrawal of appointed counsel ordinarily requires reassignment by the court. The court will not permit withdrawal if doing so would leave the defendant unrepresented at a critical stage of the proceedings.

SECTION 10: ARGUMENT

10.1 Good Cause Exists for Withdrawal

[________________________________]

[________________________________]

[________________________________]

[________________________________]

10.2 Withdrawal Will Not Unduly Prejudice the Client or Other Parties

[________________________________]

[________________________________]

[________________________________]

10.3 Adequate Notice Has Been Provided

[________________________________]

[________________________________]

[________________________________]

10.4 Steps Have Been Taken to Protect the Client's Interests

[________________________________]

[________________________________]

[________________________________]

SECTION 11: PRAYER FOR RELIEF

WHEREFORE, [________________________________] ("Moving Attorney") respectfully requests that this Court:

1. Grant leave to withdraw as attorney of record for [________________________________] ("Client");

2. Order that Client shall appear pro se or through substitute counsel within [____] days of the entry of this Order, or by [__/__/____], whichever is later;

3. Direct that the Clerk serve a copy of the signed Order on Client at Client's last known address;

4. ☐ Stay proceedings for [____] days to allow Client to retain substitute counsel;

5. ☐ Continue the hearing/trial currently set for [__/__/____] to [__/__/____] or a date convenient to the Court;

6. Grant such other and further relief as the Court deems just and proper.

SECTION 12: DECLARATION OF COUNSEL

I, [________________________________], declare under penalty of perjury under the laws of [________________________________] that the following is true and correct:

1. I am the attorney of record for [________________________________] in the above-captioned matter. I have been counsel of record since [__/__/____].

2. I seek leave to withdraw for the reasons set forth in Section 5 of this Motion.

3. I have notified the client of this Motion as described in Section 6. Client's last known address, telephone, and email are set forth in Section 2.

4. All pending deadlines and settings known to me are disclosed in Section 3.

5. I have taken or will take the steps described in Section 7 to protect the client's interests, including surrender of the client file and refund of any unearned fees.

6. ☐ I confirm that I have served the client with a copy of this Motion by: ☐ personal service ☐ certified mail, return receipt requested ☐ regular first-class mail ☐ email on [__/__/____].

7. ☐ I have been unable to serve the client despite reasonable efforts as described in Section 6.3.

Executed on [__/__/____] at [________________________________].

SECTION 13: CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served the foregoing Motion to Withdraw as Counsel and all accompanying documents on the following parties by the method(s) indicated:

Client:

Opposing Counsel / Unrepresented Parties:

[PROPOSED] ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL

THE COURT, having considered the Motion to Withdraw as Counsel filed by [________________________________], the Declaration of Counsel, and the record herein, and ☐ having held a hearing on [__/__/____] / ☐ upon the papers submitted, hereby ORDERS as follows:

1. The Motion is GRANTED.

2. [________________________________] is relieved as attorney of record for [________________________________] effective upon the filing of proof of service of this Order on the client, or on [__/__/____], whichever is later.

3. [________________________________] ("Client") shall file an entry of appearance by substitute counsel or notify the Court of intent to proceed pro se within [____] days of service of this Order.

4. NOTICE TO CLIENT: Failure to obtain substitute counsel or appear pro se within the time specified may result in:
   - In civil matters: dismissal for failure to prosecute (if plaintiff/petitioner) or entry of default (if defendant/respondent);
   - In criminal matters: the court will appoint counsel if the defendant qualifies for appointed representation.

5. ☐ Proceedings are stayed until [__/__/____] to allow Client to retain substitute counsel.

6. ☐ The hearing/trial currently set for [__/__/____] is continued to [__/__/____].

7. The withdrawing attorney shall:
   - Serve a copy of this Order on the client within [____] days;
   - File proof of service of this Order with the Court;
   - Promptly surrender the client file and refund any unearned fees;
   - Notify the client of any additional settings or deadlines of which the attorney becomes aware after the date of this Order.

IT IS SO ORDERED.

STATE-SPECIFIC VARIATIONS AND REQUIREMENTS

California

Governing Rules: CCP § 284; CRC 3.1362

Mandatory Forms:

• MC-051: Notice of Motion and Motion to Be Relieved as Counsel — Civil
• MC-052: Declaration in Support of Attorney's Motion to Be Relieved as Counsel — Civil
• MC-053: Order Granting Attorney's Motion to Be Relieved as Counsel — Civil

Key Requirements:

• Two pathways: CCP § 284(1) (consent substitution) vs. CCP § 284(2) (motion to withdraw)
• Declaration must explain in general terms why consent substitution was not used, without compromising attorney-client confidentiality
• No memorandum of points and authorities required
• If served by mail, attorney must demonstrate reasonable efforts within 30 days to confirm the client's current address
• Order effective upon proof of service on the client
• Court may delay effective date until proof of service of the signed order is filed

Texas

Governing Rule: TRCP Rule 10

Key Requirements:

• Written motion for good cause shown required
• If substitute counsel is being retained, motion must include: substitute attorney's name, address, phone, email, fax, and State Bar ID number; client's approval of substitution; statement that withdrawal is not sought for delay
• If no substitute counsel, motion must state: copy delivered to client; client notified of right to object; whether client consents; client's last known address, phone, and email; all pending settings and deadlines
• Service on client by both certified mail and regular first-class mail
• Withdrawing attorney must immediately notify client of any additional settings or deadlines after withdrawal is granted
• Court may impose additional conditions

Florida

Governing Rule: Fla. R. Jud. Admin. 2.505

Key Requirements:

• Written motion on notice to all parties and the client
• Must set forth reasons for withdrawal and client's last known address, telephone number, and email
• Court hearing required before withdrawal is granted
• If client will be unrepresented, the motion must include the party's last known address, telephone, and email
• The client's email address in the court order becomes the party's designated email for service unless the party designates a different address or is excused under Rule 2.516(b)(1)

New York

Governing Rule: CPLR 321(b)

Key Requirements:

• Change of attorney by consent: CPLR 321(b)(1) — file consent signed by retiring attorney and signed and acknowledged by client
• Withdrawal by court order: CPLR 321(b)(2) — motion required with notice to the client, all attorneys of record, unrepresented parties, and any other person as the court directs
• Complete withdrawal (leaving client unrepresented) requires a court order — consent form alone is insufficient
• Court has broad discretion in setting conditions for withdrawal

Federal Courts

Governing Rules: FRCP 83; 28 U.S.C. § 1654; individual district local rules

Key Requirements:

• No uniform federal rule governing withdrawal; each district has its own local rules under FRCP 83
• Common local rule elements: motion for leave to withdraw, statement of good cause, client's last known address, service on client and all parties, 14-day response period
• CM/ECF electronic filing typically required
• Many districts require: the motion to contain the client's name and address; client signature acknowledging knowledge of the motion; or, if client will not sign, certification that client has been notified
• Criminal cases: stricter scrutiny; court must ensure defendant is not left unrepresented at a critical stage
• Always consult the specific district's local rules before filing

POST-WITHDRAWAL OBLIGATIONS CHECKLIST

COMMON GROUNDS QUICK REFERENCE TABLE

SOURCES AND REFERENCES

1. ABA Model Rules of Professional Conduct, Rule 1.16 — Declining or Terminating Representation
   https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_16_declining_or_terminating_representation/

2. ABA Model Rules of Professional Conduct, Rule 1.16 — Comment
   https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_16_declining_or_terminating_representation/comment_on_rule_1_16_declining_or_terminating_representation/

3. California Rules of Court, Rule 3.1362 — Motion to Be Relieved as Counsel
   https://courts.ca.gov/cms/rules/index/three/rule3_1362

4. California Code of Civil Procedure Section 284
   https://www.calbar.ca.gov/Portals/0/documents/rules/Rule_1.16-Exec_Summary-Redline.pdf

5. Texas Rule of Civil Procedure 10 — Withdrawal of Counsel
   https://www.stcl.edu/lib/TexasRulesProject/rule102025.htm

6. Florida Rule of Judicial Administration 2.505 — Attorneys
   https://flcourts-media.flcourts.gov/content/download/329078/file/11-52_011111_Appendix%20B.pdf

7. New York CPLR 321 — Attorneys (Change or Withdrawal)
   https://codes.findlaw.com/ny/civil-practice-law-and-rules/cvp-sect-321/

8. Oklahoma Bar Association — Navigating Counsel Withdrawal in Legal Proceedings (Jan. 2025)
   https://www.okbar.org/barjournal/january-2025/navigating-counsel-withdrawal-in-legal-proceedings/

9. Law Office of James I. Ham — Withdrawing From A Superior Court Civil Case (CRC 3.1362 Analysis)
   https://hamlawoffice.com/withdrawing-from-a-superior-court-civil-case/

10. North Carolina State Bar — Rule 1.16 Declining or Terminating Representation
    https://www.ncbar.gov/for-lawyers/ethics/rules-of-professional-conduct/rule-116-declining-or-terminating-representation/

11. Massachusetts Rules of Professional Conduct — Rule 1.16
    https://www.mass.gov/supreme-judicial-court-rules/rules-of-professional-conduct-rule-116-declining-or-terminating-representation

12. Federal Rule of Civil Procedure 83 — Rules by District Courts
    https://www.law.cornell.edu/rules/frcp/rule_83

13. Northern District of New York — Local Rule 11.1 (Appearance and Withdrawal)
    https://www.nynd.uscourts.gov/sites/nynd/files/local_rules/2021_Civil_Appearance_Withdrawal_Attorney.pdf

14. Northern District of Texas — Withdrawal or Substitution of Attorney
    https://www.txnd.uscourts.gov/withdrawal-or-substitution-attorney