MOTION TO WITHDRAW AS ATTORNEY OF RECORD
IN THE [________________] DISTRICT COURT OF [________________] COUNTY, TEXAS
[________] JUDICIAL DISTRICT
Cause No.: [________________]
[________________________________________],
Plaintiff,
v.
[________________________________________],
Defendant.
MOTION TO WITHDRAW AS ATTORNEY OF RECORD
TO THE HONORABLE JUDGE OF SAID COURT:
[________________________________________] ("Movant"), attorney of record for ☐ Plaintiff ☐ Defendant [________________________________________] ("Client"), respectfully files this Motion to Withdraw as Attorney of Record pursuant to Texas Rule of Civil Procedure 10, and in support thereof would show the Court as follows:
I. BACKGROUND
-
Movant is an attorney licensed to practice law in the State of Texas, State Bar No. [________________], with offices at [________________________________________].
-
Movant has been the attorney of record for Client in the above-referenced cause since [__/__/____].
II. TYPE OF WITHDRAWAL
☐ Withdrawal with Substitute Counsel (Tex. R. Civ. P. 10(a)):
(a) The following attorney will substitute as counsel for Client:
Name: [________________________________________]
Address: [________________________________________]
Phone: [________________]
Email: [________________]
State Bar No.: [________________]
(b) Client approves this substitution.
(c) This withdrawal is not sought for delay only.
☐ Withdrawal without Substitute Counsel (Tex. R. Civ. P. 10(b)):
(a) A copy of this motion has been delivered to Client.
(b) Client has been notified in writing of the right to object to this motion.
(c) Client's position: ☐ Consents ☐ Objects ☐ No response received
(d) Client's last known contact information:
| Field | Information |
|---|---|
| Address | [________________________________________] |
| Phone | [________________] |
| [________________] |
(e) All pending settings and deadlines:
| Date | Setting / Deadline |
|---|---|
| [__/__/____] | [________________________________________] |
| [__/__/____] | [________________________________________] |
| [__/__/____] | [________________________________________] |
| [__/__/____] | Trial date |
III. GOOD CAUSE
Good cause exists for this withdrawal because:
☐ There has been an irreconcilable breakdown in the attorney-client relationship
☐ Client has failed to comply with financial obligations under the fee agreement (Tex. Disciplinary R. Prof. Conduct 1.15(b)(4))
☐ Client's conduct renders the representation unreasonably difficult (Tex. Disciplinary R. Prof. Conduct 1.15(b)(5))
☐ Continued representation would result in a violation of the Texas Disciplinary Rules (Tex. Disciplinary R. Prof. Conduct 1.15(a))
☐ Other good cause: [________________________________________]
IV. NO PREJUDICE
Granting this motion will not cause unreasonable delay or prejudice to Client because:
[________________________________________]
V. PRAYER
WHEREFORE, Movant respectfully requests that this Court:
(a) Grant this Motion to Withdraw as Attorney of Record;
(b) Enter an order relieving Movant of all further duties and obligations as attorney of record for Client;
(c) Order that Client shall appear pro se or retain substitute counsel within [____] days;
(d) Grant such other relief as the Court deems just and proper.
Respectfully submitted,
Signature: ________________________________________
Printed Name: [________________________________________]
State Bar No.: [________________]
Firm: [________________________________________]
Address: [________________________________________]
Phone: [________________]
Fax: [________________]
Email: [________________]
VERIFICATION
State of Texas
County of [________________]
Before me, the undersigned authority, on this day personally appeared [________________________________________], who, being by me duly sworn, stated on oath that the facts stated in the foregoing Motion are true and correct.
Signature: ________________________________________
Date: [__/__/____]
Notary Signature: ________________________________________
My Commission Expires: [__/__/____]
CERTIFICATE OF SERVICE
I certify that on [__/__/____], a true and correct copy of this Motion was served on:
Client:
[________________________________________]
Method: ☐ Certified mail, RRR ☐ Hand delivery ☐ Email (with client consent)
All Counsel of Record:
| Counsel | Method | Address |
|---|---|---|
| [________________________________________] | ☐ E-service ☐ Mail ☐ Hand delivery | [________________________________________] |
Signature: ________________________________________
Date: [__/__/____]
[PROPOSED] ORDER
ORDER GRANTING MOTION TO WITHDRAW AS ATTORNEY OF RECORD
On [__/__/____], the Court considered the Motion to Withdraw filed by [________________________________________]. The Court finds good cause for withdrawal.
IT IS ORDERED that [________________________________________] is hereby relieved as attorney of record for [________________________________________].
IT IS FURTHER ORDERED that [________________________________________] shall ☐ proceed pro se ☐ retain new counsel and cause new counsel to file an entry of appearance within [____] days.
SIGNED on [__/__/____].
________________________________________
Judge Presiding
This template is provided for informational purposes only. Consult the Texas Disciplinary Rules of Professional Conduct before filing.
Need help customizing this document?
Get 3 days of intelligent editing. Tailor every section to your specific case.