Florida Motion to Withdraw as Counsel

FLORIDA MOTION TO WITHDRAW AS COUNSEL PACKET

A motion does not end the appearance. Under rule 2.505(f)(1), withdrawal
requires a written court order after a hearing on a motion that states the
reasons for withdrawal and the client's last known address, telephone number,
and email address.

Review case-specific rules before use. Criminal, juvenile, appellate,
probate, family, dependency, appointed-counsel, and limited-appearance matters
may require additional or different steps.

1. PRE-FILING AND CLIENT-PROTECTION CHECK

A. Case and appearance

B. Substitution alternative

Rule 2.505 recognizes substitution by written court order reflecting the
client's written consent and a notice of substitution when the new attorney is
from the same firm, company, or governmental agency.

☐ No substitute counsel is ready; withdrawal motion is required.

☐ Outside substitute counsel is ready; use the court-approved substitution
route and attach or file the client's written consent as required.

☐ Same-organization replacement is ready; determine whether a notice of
substitution under rule 2.505(e)(4) is sufficient.

C. Rule 4-1.16 ground

Select only a supported ground and use the current numbering:

Mandatory withdrawal, subject to tribunal authority:

☐ Rule 4-1.16(a)(1): representation will violate professional rules or law.

☐ Rule 4-1.16(a)(2): lawyer's physical or mental condition materially impairs
the ability to represent the client.

☐ Rule 4-1.16(a)(3): lawyer was discharged.

☐ Rule 4-1.16(a)(4) or (a)(5): criminal/fraudulent course or past misuse of
the lawyer's services, with the rule's stated rectification condition.

Permissive withdrawal, subject to tribunal authority:

☐ Rule 4-1.16(b)(1): no material adverse effect on the client's interests.

☐ Rule 4-1.16(b)(2): client insists on action the lawyer considers repugnant,
imprudent, or fundamentally disagrees with.

☐ Rule 4-1.16(b)(3): client substantially failed to fulfill an obligation
regarding the lawyer's services after reasonable warning of withdrawal.

☐ Rule 4-1.16(b)(4): unreasonable financial burden or representation rendered
unreasonably difficult by the client.

☐ Rule 4-1.16(b)(5): other good cause.

Do not disclose privileged or confidential details merely to make the motion
more specific. Prepare any request for sealed filing, in camera explanation,
or limited statement required by the court before filing.

D. Client protection under rule 4-1.16(d)

☐ Reasonable notice given to client on [DATE] by [METHOD].

☐ Client warned of known deadlines and given time to obtain other counsel.

☐ Client papers/property identified and surrender plan completed.

☐ Unearned or unincurred advance fee/expense refund calculated.

☐ Any claimed retaining right independently reviewed under applicable law.

☐ File-transfer, confidentiality, trust-account, and closing-letter steps set.

2. DEADLINE AND PREJUDICE DISCLOSURE

Explain how the withdrawal timing protects the client and avoids disruption:

[____________________________________________________________]

If the client is a corporation, LLC, partnership, trust, estate, or other
entity, do not state that it may automatically proceed pro se. Identify the
representation rule applicable to that entity and proceeding.

3. MOTION TO WITHDRAW

IN THE [CIRCUIT/COUNTY] COURT OF THE [____] JUDICIAL CIRCUIT

IN AND FOR [____] COUNTY, FLORIDA

Case No.: [________________]

Division: [________________]

[PLAINTIFF],

Plaintiff,

v.

[DEFENDANT],

Defendant.

[ATTORNEY/FIRM]'S MOTION TO WITHDRAW AS COUNSEL FOR [CLIENT]

[ATTORNEY/FIRM] moves for entry of a written order permitting withdrawal as
counsel for [CLIENT] under Florida Rule of General Practice and Judicial
Administration 2.505(f) and Rule Regulating The Florida Bar 4-1.16, and states:

1. Movant appeared for [CLIENT] on [DATE] by [NOTICE/FILING/ORDER].

2. Withdrawal is required or permitted because [STATE A CONCISE, ACCURATE,
   NONPRIVILEGED REASON TIED TO THE SELECTED RULE 4-1.16 SUBDIVISION].

3. [If needed:] Professional considerations prevent further public detail.
   Movant requests any further showing through the confidentiality-protective
   procedure the Court directs.

4. The client's last known contact information is:

• Address: [________________________________________________________]
• Telephone: [______________________________________________________]
• Email: [__________________________________________________________]

5. The client [consents / objects / has not responded] to this motion. The
   client was notified on [DATE] by [METHOD], advised to obtain replacement
   counsel promptly, and informed of the dates listed below.

6. Pending settings and deadlines include:

[LIST EVERY MATERIAL DATE FROM SECTION 2.]

7. [SUBSTITUTE COUNSEL NAME] [has / has not] appeared. [If an entity:] The
   client has been advised of the rules governing representation of an entity.

8. Withdrawal [will not materially prejudice the client / is mandatory despite
   potential effect] because [FACTUAL EXPLANATION AND MITIGATION STEPS].

9. Movant will continue to comply with existing obligations unless and until
   the Court enters an order terminating the appearance and will take reasonably
   practicable steps to protect the client's interests under rule 4-1.16(d).

WHEREFORE, Movant requests a hearing and entry of the proposed order permitting
withdrawal, directing future service to the client or substitute counsel as
appropriate, and granting only such further relief as is lawful and necessary.

Respectfully submitted,

[SIGNATURE]

[ATTORNEY NAME]

Florida Bar No. [________]

[FIRM]

[ADDRESS]

[TELEPHONE]

Primary email: [________]

Secondary email(s): [________]

4. SERVICE AND HEARING CONTROL

Rule 2.516, effective in the reviewed July 1, 2026 compilation, generally
requires portal-filed documents to be served through the portal's e-service
function. It also contains specific email and paper-service rules for
unrepresented parties and requires a certificate stating the date, persons,
service addresses, and method.

☐ Motion filed through the correct portal or approved filing method.

☐ Portal e-service list reviewed for every party and attorney.

☐ Client separately served by a method authorized by rule, court order, and
local procedure; delivery proof retained.

☐ Paper copy served on any unrepresented party for whom rule 2.516(b)(3)
requires it.

☐ Hearing obtained through the judge's current scheduling procedure.

☐ Notice of hearing served on client and all required recipients.

☐ Proposed order submitted through the required local channel.

Certificate of service

I certify that on [DATE], this document was furnished to the following persons
at the stated service addresses by the stated method:

[ATTORNEY SIGNATURE]

5. PROPOSED ORDER

IN THE [CIRCUIT/COUNTY] COURT OF THE [____] JUDICIAL CIRCUIT

IN AND FOR [____] COUNTY, FLORIDA

Case No.: [________________]

Division: [________________]

ORDER ON MOTION TO WITHDRAW AS COUNSEL

The Court held a hearing on [DATE] on [ATTORNEY/FIRM]'s Motion to Withdraw as
Counsel for [CLIENT]. Having reviewed the motion and record, it is ORDERED:

1. The motion is [GRANTED / DENIED].

2. If granted, [ATTORNEY/FIRM]'s appearance for [CLIENT] terminates on entry of
   this Order [OR OTHER DATE EXPRESSLY SET BY THE COURT].

3. The client's last known contact information is:

• Address: [________________________________________________________]
• Telephone: [______________________________________________________]
• Email: [__________________________________________________________]

4. Under rule 2.505(f)(1), the email address stated above is the client's
   primary email address unless the client designates a different primary email
   or is excused under rule 2.516(b)(1).

5. Future service must be made on [CLIENT AT THE ABOVE CONTACT INFORMATION /
   SUBSTITUTE COUNSEL] as required by rule, except that [ENTITY CLIENT] must obtain
   counsel as required by [IDENTIFY AUTHORITY/ORDER] and may not appear through a
   nonlawyer unless law permits.

6. The following settings and deadlines remain in effect unless separately
   changed by court order: [__________________________________________________].

7. [OTHER NARROW, CASE-SPECIFIC DIRECTIONS].

DONE AND ORDERED in [COUNTY], Florida, on [DATE].

[JUDGE SIGNATURE BLOCK]

Copies furnished to: [SERVICE LIST, INCLUDING CLIENT]

6. POST-ORDER CHECK

☐ Signed order reviewed before treating withdrawal as effective.

☐ Signed order served on client and all required recipients under rule 2.516
and any local order.

☐ Portal service list and attorney-of-record status checked.

☐ Client sent the signed order, deadline list, file-transfer instructions, and
trust-account/refund information.

☐ Substitute counsel received the authorized file transfer.

☐ Firm calendaring, conflicts, billing, records-retention, and closing steps
completed without deleting client records subject to preservation duties.

OFFICIAL SOURCES

• Florida Rules of General Practice and Judicial Administration, rules 2.505
  and 2.516 (July 1, 2026 compilation):
  https://www-media.floridabar.org/uploads/2026/07/2027_01-JULY-Florida-Rules-of-General-Practice-and-Judicial-Administration-7-1-2026-1.pdf

• Rules Regulating The Florida Bar, Chapter 4, rule 4-1.16 (June 30, 2026):
  https://www-media.floridabar.org/uploads/2026/06/2026_12-JUNE-Chapter-4-RRTFB-1.pdf