Legal Question in Legal Ethics in California

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?


Asked on 4/19/10, 4:39 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of 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.

Read more
Answered on 4/24/10, 4:59 pm


Related Questions & Answers

More Legal Ethics & Professional Responsibility questions and answers in California