California Motion to Withdraw as Counsel

CALIFORNIA MOTION TO BE RELIEVED AS COUNSEL — PREPARATION PACKET

DO NOT FILE THIS PACKET

Prepare and file the current official 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

Rule 3.1362 makes these forms mandatory for the noticed civil-motion route. This packet collects the information needed to complete them and does not replace any form.

1. Matter and Court Control

Current official forms downloaded on: [__/__/____]

Form revision / effective date shown: MC-051 [________] · MC-052 [________] · MC-053 [________]

2. Route Selection

Rule 3.1362(c) requires the declaration to explain in general terms, without compromising attorney-client confidentiality, why the motion route is used instead of the consent route identified in that rule.

☐ Client and attorney will use a verified consent / substitution route; stop this packet and use the correct current form or procedure.

☐ Client consent is not being filed; prepare the noticed-motion route on MC-051, MC-052, and MC-053.

General, nonconfidential reason the motion route is necessary: [________________________________]

Confidential information excluded from public filing: [________________________________]

3. Professional-Conduct Gate

Select only a ground supported by the current text of rule 1.16 and the actual facts. Do not disclose protected client information merely to add detail.

Tribunal permission required and not yet obtained: ☐ Confirmed

Reasonable steps to avoid reasonably foreseeable prejudice under rule 1.16(d):

☐ Sufficient notice to permit retention of other counsel: [________________________________]

☐ Upcoming deadlines and consequences communicated: [________________________________]

☐ Client materials and property request / release plan under rule 1.16(e)(1): [________________________________]

☐ Unearned advance fee or unincurred expense review under rule 1.16(e)(2): [________________________________]

☐ Other transition measure: [________________________________]

4. MC-051 Preparation

Rule 3.1362(b) states that no memorandum is required to be filed or served with this motion. Do not add a memorandum unless a verified statute, statewide rule, or permitted local procedure requires one for the particular matter.

5. MC-052 Declaration Preparation

Address Confirmation and Service Facts

Proposed service method on client: ☐ Personal ☐ Electronic ☐ Mail

If by mail:

☐ The service address is the client's current residence or business address, confirmed within thirty days before filing by: [________________________________]

☐ The address is the last known residence or business address, and reasonable efforts within thirty days before filing did not locate a more current address. Efforts: [________________________________]

If by electronic service:

☐ The electronic service address is the client's current electronic service address, confirmed within thirty days before filing by: [________________________________]

Do not rely only on the absence of returned mail or an electronic delivery-failure message as proof that an address is current.

Declaration Content

General, privilege-protective reason for motion: [________________________________]

Consent route not used because: [________________________________]

Service and address facts: [________________________________]

Prejudice-avoidance and transition facts appropriate for disclosure: [________________________________]

Additional current form question: [________________________________]

6. Calendar and MC-053 Preparation

Rule 3.1362(e) requires MC-053 to specify all scheduled hearing dates, including the trial date if known.

Client address for service after order: [________________________________]

Requested effective-date treatment on current MC-053: [________________________________]

The court may delay the effective date until proof of service of the signed order on the client is filed. Do not treat counsel as relieved until the signed order and its stated effective condition are satisfied.

7. Service Package

Before filing, serve the following on the client and every other party who has appeared:

☐ Completed MC-051

☐ Completed MC-052

☐ Proposed MC-053

Mail-service requirements under the cited statutes and rule verified: [________________________________]

Electronic-service authorization and current address verified: [________________________________]

8. Hearing and Post-Order Steps

☐ Hearing reserved and notice period verified.

☐ Tentative-ruling review and notice-to-appear procedure calendared.

☐ Client and all appeared parties served with the moving papers and proposed order.

☐ Hearing appearance, continuance, or submission requirements confirmed.

After the order is signed:

☐ Serve the signed order on the client and all parties who appeared.

☐ File proof of service when required by the signed order or court procedure.

☐ Confirm the order's effective date and do not stop appearing before that date.

☐ Deliver client materials and property, address unearned fees or expenses, and complete transition duties.

☐ Calendar every surviving deadline and notify the client in writing.

☐ Update internal docket, service lists, trust records, and file-closing records.

9. Final Review

☐ Current MC-051, MC-052, and MC-053 are used without altering mandatory form text.

☐ Every statement is accurate, privilege-protective, and supported by the record.

☐ Rule 1.16 ground, tribunal-permission requirement, and prejudice-avoidance duties are addressed.

☐ Address confirmation occurred within the required thirty-day window.

☐ All scheduled hearings and trial dates appear on MC-053.

☐ Local superior-court rules and judge-specific procedures are attached to the work file.

☐ Signed-order service and effective-date conditions are calendared.

Reviewing attorney: [________________________________]

Review date: [__/__/____]

Official sources current through: [__/__/____]