Texas Motion to Withdraw as Counsel

MOTION TO WITHDRAW AS ATTORNEY OF RECORD

IN THE [________________] DISTRICT COURT OF [________________] COUNTY, TEXAS

[________] JUDICIAL DISTRICT

Cause No.: [________________]

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

1. Movant is an attorney licensed to practice law in the State of Texas, State Bar No. [________________], with offices at [________________________________________].

2. 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) The following attorney will substitute as counsel for Client:

Name: [________________________________________]
Address: [________________________________________]
Phone: [________________]
Email: [________________]
Fax (if any): [________________]
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):

(a) A copy of this motion has been delivered to Client either in person or by both certified mail and regular first-class mail to Client's last known address.
(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:

(e) All pending settings and deadlines:

III. GOOD CAUSE

Good cause exists for this withdrawal because:

☐ There has been an irreconcilable breakdown in the attorney-client relationship
☐ Client has failed substantially to comply with financial obligations under the fee agreement after reasonable warning that counsel will withdraw unless the obligation is fulfilled (Tex. Disciplinary R. Prof. Conduct 1.16(b)(5))
☐ Client's conduct renders the representation unreasonably difficult (Tex. Disciplinary R. Prof. Conduct 1.16(b)(6))
☐ Continued representation would result in a violation of the Texas Disciplinary Rules or other law (Tex. Disciplinary R. Prof. Conduct 1.16(a)(1))
☐ Other good cause: [________________________________________]

IV. NO PREJUDICE

Granting this motion will not cause unreasonable delay or prejudice to Client because:
[________________________________________]

V. DUTIES ON WITHDRAWAL

If leave is granted, Movant will immediately notify Client in writing of any additional settings or deadlines known at withdrawal and not previously disclosed, using Rule 10's delivery method. If Movant is the attorney in charge and another attorney remains or is substituted, [NAME] will be designated of record as attorney in charge with notice to all other parties under Rule 21a.

Movant will take reasonably practicable steps under Rule 1.16(d) to protect Client's interests, including reasonable notice, time to employ other counsel, surrender of papers and property to which Client is entitled, and refund of unearned advance fees. Any retention of papers must be permitted by other law and must not prejudice Client in this representation. Movant will continue representation if ordered by the tribunal under Rule 1.16(c).

VI. PRAYER

WHEREFORE, Movant respectfully requests that this Court:

(a) Grant this Motion to Withdraw as Attorney of Record;
(b) Grant leave for Movant to withdraw as attorney of record, preserving the protective duties under Tex. Disciplinary R. Prof. Conduct 1.16(d) and the notice duties under Rule 10;
(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: [________________]

OPTIONAL VERIFICATION

Texas Rule of Civil Procedure 10 does not itself require a sworn verification. Include this block only if a local rule, standing order, or the facts asserted require it.

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 required by Rule 10 for the Client: ☐ Personal delivery ☐ Certified mail and regular first-class mail to the last known address

All Other Parties (through counsel of record when represented):

Use electronic service through the electronic filing manager when required by Rule 21a(a)(1); otherwise select an authorized Rule 21a method. This does not replace Rule 10's client-delivery requirement.

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 granted leave to withdraw as attorney of record for [________________________________________], subject to Rule 10 notice duties, Rule 1.16(d) protective duties, and these additional conditions: [CONDITIONS / NONE].

IT IS FURTHER ORDERED that [________________________________________] shall ☐ proceed pro se, if legally permitted to do so ☐ retain new counsel and cause new counsel to file an entry of appearance within [____] days.

SIGNED on [__/__/____].

________________________________________
Judge Presiding

SOURCES AND REFERENCES

• Texas Rules of Civil Procedure, July 1, 2026 compilation — Rule 10
• Texas Disciplinary Rules of Professional Conduct, effective March 7, 2025 — Rule 1.16

This template is provided for informational purposes only. Consult the Texas Disciplinary Rules of Professional Conduct before filing.