New York Motion to Withdraw as Counsel

MOTION TO BE RELIEVED AS COUNSEL

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF [________________]

Index No.: [________________]
IAS Part: [________]
Justice: [________________________________________]

[________________________________________],
Plaintiff,

v.

[________________________________________],
Defendant.

NOTICE OF MOTION

PLEASE TAKE NOTICE that upon the annexed affirmation of [________________________________________], Esq., dated [__/__/____], and upon all papers and proceedings heretofore had herein, the undersigned will move this Court at the [________________] County Courthouse, located at [________________________________________], on [__/__/____] at [____:____] ☐ AM ☐ PM, or as soon thereafter as counsel can be heard, for an order pursuant to CPLR § 321(b)(2):

(a) Relieving [________________________________________] as attorney of record for ☐ Plaintiff ☐ Defendant [________________________________________]; and

(b) Granting such other and further relief as this Court deems just and proper.

Dated: [________________], New York
[__/__/____]

Signature: ________________________________________
Printed Name: [________________________________________]
NY Registration No.: [________________]
Firm: [________________________________________]
Address: [________________________________________]
Phone: [________________]
Email: [________________]

AFFIRMATION IN SUPPORT OF MOTION TO WITHDRAW

[________________________________________], Esq., an attorney duly admitted to practice law in the State of New York, affirms the following under penalties of perjury pursuant to CPLR § 2106:

1. INTRODUCTION

1. I am an attorney admitted to practice in the State of New York, NY Registration No. [________________], and am counsel of record for [________________________________________] ("Client") in this action.

2. I submit this affirmation in support of my motion to be relieved as counsel pursuant to CPLR § 321(b)(2).

2. CLIENT INFORMATION

3. Client's last known address: [________________________________________]
4. Client's last known telephone number: [________________]
5. Client's last known email: [________________]

3. GROUNDS FOR WITHDRAWAL

6. Good cause exists for this withdrawal because:

☐ An irreconcilable breakdown in the attorney-client relationship makes effective representation impossible
☐ Client has failed to fulfill financial obligations under the retainer agreement (NY R. Prof. Conduct 1.16(b)(5))
☐ Client's conduct renders the representation unreasonably difficult (NY R. Prof. Conduct 1.16(b)(7))
☐ Continued representation would result in a violation of the Rules of Professional Conduct (NY R. Prof. Conduct 1.16(b)(1))
☐ Other good cause: [________________________________________]

7. Without compromising the attorney-client privilege, the circumstances are as follows:
   [________________________________________]
   [________________________________________]

4. PENDING PROCEEDINGS

8. The following proceedings and deadlines are currently pending:

5. CLIENT NOTIFICATION AND CONSENT

9. ☐ Client has been served with a copy of this motion by ☐ personal delivery ☐ mail on [__/__/____]
10. ☐ Client's position: ☐ Consents ☐ Objects ☐ Did not respond
11. ☐ Client has been advised to retain substitute counsel

6. NO PREJUDICE

12. Withdrawal will not prejudice Client or the proceedings because:
    [________________________________________]

13. Pursuant to CPLR § 321(c), upon entry of an order granting withdrawal, proceedings will be stayed for thirty (30) days after notice is served upon Client to appoint another attorney.

Dated: [________________], New York
[__/__/____]

Signature: ________________________________________
Printed Name: [________________________________________]
NY Registration No.: [________________]

[PROPOSED] ORDER

At an IAS Part [________] of the Supreme Court of the State of New York, held in and for the County of [________________], at the Courthouse, [________________________________________], on [__/__/____].

Present: Hon. [________________________________________], J.S.C.

ORDERED that the motion of [________________________________________], Esq., to be relieved as counsel of record for [________________________________________] is hereby:

☐ GRANTED. Attorney is relieved as counsel of record effective upon service of this order on all parties.

Pursuant to CPLR § 321(c), all proceedings are hereby stayed for thirty (30) days following service of a copy of this order upon [________________________________________] to allow retention of new counsel.

☐ DENIED.

ENTER:

________________________________________
J.S.C.

AFFIDAVIT OF SERVICE

State of New York
County of [________________]

[________________________________________], being duly sworn, deposes and says:

On [__/__/____], I served the foregoing Notice of Motion, Affirmation, and Proposed Order on:

Client:
[________________________________________]
Method: ☐ Personal delivery ☐ First-class mail

All Parties/Counsel:

Signature: ________________________________________
Sworn to before me on [__/__/____]
Notary Public: ________________________________________

This template is provided for informational purposes only. Consult the New York Rules of Professional Conduct (22 NYCRR § 1200) before filing.