What is the process by which an attorney withdraws as attorney of record? Do they have to file a motion to withdraw or just complete the notice of withdrawal?
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Read More Answered By: Robert F. Cohen |
The attorney may ask a client to sign a substitution of attorney. If the client does, that's all that's needed once it's filed with the court and a copy is served on opposing counsel.
If the client refuses to sign, the attorney will file a motion seeking a court order permitting the attorney to withdraw. The client would be provided notice of the hearing on the motion. Typically, a court would not require the attorney to continue representing a client unless a trial is imminent and the client would suffer severe prejudice by the withdrawal. |
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