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.
Answered on 4/24/10, 4:59 pm