Texas Motion to Withdraw as Counsel

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

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)):

(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:

(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 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:

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.