A motion for permission to withdraw appearance is a formal request made by an attorney to the court, seeking to end their representation of a client in a legal matter. This motion is typically filed when the attorney believes that they can no longer effectively represent the client, often due to reasons such as a breakdown in communication, non-payment of fees, or a determination that the case lacks merit.
This motion is commonly used in various legal areas, including:
Users can manage this process using legal templates available through US Legal Forms, which provide guidance on filing such motions.
Here are a couple of examples of abatement:
Example 1: An attorney represents a client in a divorce case but finds that the client is not communicating or cooperating. The attorney files a motion for permission to withdraw appearance, citing the lack of communication as the reason.
Example 2: A public defender concludes that a criminal case is wholly frivolous after thorough investigation. They file a motion for leave to withdraw appearance, advising the court of their findings. (hypothetical example)
Several statutes govern the motion for permission to withdraw appearance, including:
| State | Key Differences |
|---|---|
| Connecticut | Specific guidelines for motions in criminal cases, including confidentiality requirements. |
| California | Requires a declaration of efforts made to notify the client and opposing counsel. |
| New York | Additional requirements for family law cases, including potential custody implications. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Withdrawal of Appearance | Refers to the act of an attorney stopping representation, often requiring court approval. |
| Motion to Withdraw as Counsel | A specific type of motion filed by an attorney seeking to end their representation in a case. |
| Substitution of Counsel | Involves replacing one attorney with another, often requiring the client's consent. |
If you find yourself in a situation where your attorney is filing a motion to withdraw appearance, consider the following steps:
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No, an attorney must show good cause and obtain court approval to withdraw from a case.