Notice of Withdrawal from Representation
[LAW FIRM NAME]
[Firm Address]
[City, State ZIP]
[Phone] | [Email]
[Website]
Date: [__/__/____]
VIA: ☐ First Class Mail ☐ Email ☐ Certified Mail, Return Receipt Requested
[Client Name]
[Client Address]
[City, State ZIP]
[Client Email]
[Client Phone]
Re: Notice of Withdrawal from Representation
Your Matter: [________________________________]
Our File No.: [____________________]
Case No. (if applicable): [____________________]
Dear [Mr./Ms./Mx. Client Last Name]:
This letter constitutes formal notice that [Law Firm Name] is withdrawing from representing you in the above-referenced matter.
Notice of Withdrawal
Effective Date
☐ Immediate Withdrawal: This withdrawal is effective immediately upon receipt of this letter.
☐ Delayed Withdrawal: This withdrawal will be effective on [__/__/____].
☐ Court Approval Required: This withdrawal is contingent upon court approval. A motion to withdraw has been/will be filed on [__/__/____].
Reason for Withdrawal
We are permitted to withdraw from representation under the Rules of Professional Conduct. The reason(s) for this withdrawal include:
☐ Failure to pay legal fees as required by our fee agreement
☐ Failure to cooperate with the representation
☐ Failure to communicate or respond to our attempts to contact you
☐ Irreconcilable differences regarding the handling of the case
☐ Conflict of interest that cannot be waived
☐ Request to engage in conduct that violates ethical rules or law
☐ Circumstances rendering representation unreasonably difficult
☐ Client's knowing failure to fulfill obligations regarding representation
☐ Other permissible reasons: [________________________________]
☐ Reason not specified: We are not required to disclose all reasons for withdrawal.
URGENT: Immediate Actions Required
You Must Protect Your Interests
☐ OBTAIN NEW COUNSEL IMMEDIATELY. We strongly urge you to retain another attorney as soon as possible. Your case is ongoing and requires immediate attention.
☐ DEADLINES MAY BE IMMINENT. The following deadlines exist in your case:
| Deadline Type | Date | Description |
|---|---|---|
| [________________] | [__/__/____] | [________________________________] |
| [________________] | [__/__/____] | [________________________________] |
| [________________] | [__/__/____] | [________________________________] |
☐ COURT APPEARANCE REQUIRED. You are required to appear in court on [__/__/____] at [____] at [________________________________]. If you do not appear, serious consequences may result.
☐ DISCOVERY RESPONSES DUE. Discovery responses are due on [__/__/____]. Failure to respond may result in sanctions.
Finding New Counsel
To find another attorney, contact:
| Resource | Contact |
|---|---|
| State Bar Lawyer Referral | [____________________] |
| Local Bar Association | [____________________] |
| Legal Aid (if eligible) | [____________________] |
| [____________________] | [____________________] |
What Happens Now
Court Notification
☐ Motion to Withdraw Filed: We have filed/will file a Motion to Withdraw with the court.
- Hearing Date: [__/__/____]
- Time: [____]
- Location: [________________________________]
- Your attendance may be required
☐ No Court Filing Necessary: This matter is not in litigation or court approval is not required.
☐ Substitution of Counsel: If you retain new counsel, please have them file a Substitution of Counsel with the court and send a copy to our office.
Opposing Counsel/Parties
☐ We have notified/will notify opposing counsel of our withdrawal.
☐ Until new counsel files an appearance, the court and opposing parties will communicate directly with you.
Your File and Documents
File Transfer
☐ Your file is enclosed with this letter.
☐ Your file is available for pickup at our office. Please arrange to retrieve it within [____] days.
☐ Your file will be mailed to you within [____] days.
☐ Your file will be transferred to your new counsel upon receipt of written authorization.
Documents Included in Your File
☐ Copies of all pleadings and court filings
☐ Correspondence
☐ Discovery documents
☐ Client-provided documents
☐ Research and work product
☐ [________________________________]
Original Documents
☐ All original documents are enclosed
☐ The following original documents are enclosed:
- [________________________________]
- [________________________________]
Financial Matters
Current Account Status
| Item | Amount |
|---|---|
| Total Fees Billed | $[________________] |
| Total Costs Billed | $[________________] |
| Payments Received | $[________________] |
| Balance Due | $[________________] |
☐ Payment Required: Please remit the balance of $[________] within [____] days.
☐ Retainer Balance:
- Unused retainer: $[________]
- ☐ Refund enclosed
- ☐ Refund will be mailed within [____] days
- ☐ Applied to outstanding balance
☐ Your account is current. No balance is due.
Final Statement
☐ Enclosed: Final billing statement
☐ A final billing statement will be mailed within [____] days.
Our Continuing Obligations
Even after withdrawal, we will:
☐ Maintain confidentiality of your information
☐ Cooperate with successor counsel's reasonable requests
☐ Take reasonable steps to protect your interests during transition
☐ Retain your file per our file retention policy ([____] years)
Your Continuing Obligations
You remain responsible for:
☐ All court appearances - If you do not have counsel, you must appear personally
☐ All deadlines - Failure to meet deadlines may result in dismissal or default
☐ Communication with the court - Notify the court of your new address
☐ Discovery obligations - Respond to all outstanding discovery requests
☐ Payment of amounts owed to this firm
Property Returned
☐ No property held: We do not hold any property belonging to you.
☐ Property enclosed:
- [________________________________]
- [________________________________]
☐ Property held: The following property is being held for pickup:
- [________________________________]
If You Wish to Contest This Withdrawal
If you believe this withdrawal is improper or wish to contest it:
☐ You may file an objection with the court before [__/__/____]
☐ You may seek to enforce the fee agreement through [________________________________]
☐ You may contact the State Bar at [____________________]
Court Approval (If Required)
If court approval is required for withdrawal:
☐ Motion Filed: [__/__/____]
☐ Hearing Date: [__/__/____] at [____]
☐ Location: [________________________________]
Until the court approves withdrawal, we remain counsel of record. However, we may limit our activities to matters necessary to protect your interests during the transition.
Important Contact Information
Court Clerk: [________________________________]
Court Address: [________________________________]
Case Number: [____________________]
Opposing Counsel (if applicable):
Name: [________________________________]
Firm: [________________________________]
Phone: [____________________]
Email: [____________________]
Conclusion
This is a serious matter. Please take immediate action to protect your legal rights. We encourage you to retain new counsel without delay.
If you have questions about this withdrawal or need to arrange file pickup, you may contact:
Phone: [____________________]
Email: [____________________]
Sincerely,
[________________________________]
[Attorney Name]
[Bar Number]
[Title]
Acknowledgment of Receipt
I acknowledge receipt of this Notice of Withdrawal and understand:
☐ [Law Firm Name] is withdrawing from my case
☐ I must obtain new counsel immediately
☐ I am responsible for all deadlines and court appearances
☐ I have received my file and documents (if applicable)
Client Signature: [________________________________]
Date: [__/__/____]
Enclosures:
☐ Client file
☐ Original documents
☐ Final billing statement
☐ Refund check
☐ Motion to Withdraw (copy)
☐ Return envelope
☐ Other: [________________________________]
cc:
☐ Court Clerk
☐ Opposing Counsel
☐ [________________________________]
This communication is protected by attorney-client privilege. If you have received this in error, please notify us immediately and destroy all copies.
Sources and References
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