MOTION TO WITHDRAW AS COUNSEL OF RECORD
IN THE CIRCUIT COURT OF THE [________________] JUDICIAL CIRCUIT
IN AND FOR [________________] COUNTY, FLORIDA
Case No.: [________________]
Division: [________]
[________________________________________],
Plaintiff,
v.
[________________________________________],
Defendant.
MOTION TO WITHDRAW AS COUNSEL OF RECORD
[________________________________________] ("Movant"), counsel of record for ☐ Plaintiff ☐ Defendant [________________________________________] ("Client"), pursuant to Florida Rule of Judicial Administration 2.505(f) and Florida Rule of Professional Conduct 4-1.16, respectfully moves this Court for an order permitting withdrawal as counsel of record, and states:
1. ATTORNEY INFORMATION
Movant: [________________________________________]
Florida Bar No.: [________________]
Firm: [________________________________________]
Address: [________________________________________]
Phone: [________________]
Email: [________________]
2. CLIENT INFORMATION
Client Name: [________________________________________]
Last Known Address: [________________________________________]
Last Known Phone: [________________]
Last Known Email: [________________]
3. REASONS FOR WITHDRAWAL
Good cause exists for withdrawal because:
☐ There has been an irreconcilable breakdown in the attorney-client relationship making effective representation impossible
☐ Client has failed to fulfill financial obligations under the retainer agreement (Fla. R. Prof. Conduct 4-1.16(b)(5))
☐ Client's conduct renders the representation unreasonably difficult (Fla. R. Prof. Conduct 4-1.16(b)(6))
☐ Continued representation would result in a violation of the Rules of Professional Conduct (Fla. R. Prof. Conduct 4-1.16(a)(1))
☐ Client has discharged the attorney (Fla. R. Prof. Conduct 4-1.16(a)(3))
☐ Other good cause: [________________________________________]
4. PENDING PROCEEDINGS AND DEADLINES
| Date | Proceeding / Deadline |
|---|---|
| [__/__/____] | [________________________________________] |
| [__/__/____] | [________________________________________] |
| [__/__/____] | [________________________________________] |
| [__/__/____] | Trial date |
5. CLIENT NOTIFICATION
☐ Client has been notified of this motion
☐ Client's position: ☐ Consents ☐ Objects ☐ No response
☐ Client has been advised to retain new counsel promptly
6. NO PREJUDICE
Withdrawal will not cause undue delay or prejudice to the Client or the proceedings because:
[________________________________________]
7. PRAYER
WHEREFORE, Movant respectfully requests this Court:
(a) Grant this Motion to Withdraw;
(b) Enter an order relieving Movant of further duties as counsel of record;
(c) Require Client to obtain substitute counsel or proceed pro se within [____] days;
(d) Grant any further relief the Court deems just.
Respectfully submitted,
Signature: ________________________________________
Printed Name: [________________________________________]
Florida Bar No.: [________________]
Address: [________________________________________]
Phone: [________________]
Email: [________________]
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served on the following by ☐ e-service via the Florida Courts E-Filing Portal ☐ U.S. Mail ☐ hand delivery on [__/__/____]:
Client:
[________________________________________]
[________________________________________]
All Counsel of Record:
| Counsel | Address / Email |
|---|---|
| [________________________________________] | [________________________________________] |
| [________________________________________] | [________________________________________] |
Signature: ________________________________________
Date: [__/__/____]
[PROPOSED] ORDER ON MOTION TO WITHDRAW AS COUNSEL
THIS MATTER came before the Court on the Motion to Withdraw as Counsel filed by [________________________________________]. The Court having considered the motion, and being otherwise fully advised:
IT IS ORDERED AND ADJUDGED that:
☐ The Motion is GRANTED. [________________________________________] is relieved as counsel of record for [________________________________________], effective upon service of this order on the Client.
☐ The Motion is DENIED.
IT IS FURTHER ORDERED that [________________________________________] shall ☐ obtain substitute counsel ☐ proceed pro se, and shall notify the Court within [____] days.
DONE AND ORDERED in [________________] County, Florida, this [____] day of [________________], [________].
________________________________________
Circuit Court Judge
This template is provided for informational purposes only. Consult the Florida Rules of Professional Conduct before filing.
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