Motion To Withdraw As Counsel Western District Of Texas

State:
Texas
Control #:
TX-CC-15-06
Format:
PDF
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Description

A06 Motion For Withdrawal of Counsel

The Motion to Withdraw as Counsel in the Western District of Texas is a legal document filed by an attorney seeking permission from the court to withdraw as legal counsel for a party involved in a case. This motion is commonly filed when an attorney-client relationship becomes untenable or when an attorney's representation has concluded due to various reasons. It is essential to ensure that the motion complies with the specific rules and procedures of the Western District of Texas. The Motion to Withdraw as Counsel in the Western District of Texas typically contains certain key elements. It must identify the attorney seeking to withdraw, along with their contact information and the case details. Additionally, it must outline the reasons for the attorney's withdrawal, addressing any conflicts of interest, ethical dilemmas, communication breakdowns, or irreconcilable differences that have arisen between the attorney and the client. In the Western District of Texas, there are various types of Motions to Withdraw as Counsel that can be filed, including: 1. Motion to Withdraw as Counsel — Standard: This motion is filed when an attorney-client relationship has become unmanageable due to conflicts between the attorney and the client, personal reasons, or other circumstances that prevent the attorney from providing effective representation. 2. Motion to Withdraw as Counsel — Substitution of Counsel: This motion is filed when the attorney seeks to withdraw, but also requests that new counsel be substituted in their place. It typically includes a proposed substitution of counsel, ensuring a smooth transition for the client. 3. Motion to Withdraw as Counsel — Noncompliance: This motion is filed when a client fails to comply with the attorney's retainer agreement, including non-payment of fees, failure to provide necessary information or documents, or lack of cooperation. The attorney may request withdrawal due to the client's noncompliance, relieving them of their representation obligations. It is important to note that any motion to withdraw as counsel in the Western District of Texas should be supported by relevant case law, statutes, or court rules that justify the withdrawal. The motion must also specify any deadlines for the client to find new representation to avoid any undue delay or prejudice in the case proceedings. Overall, the Motion to Withdraw as Counsel in the Western District of Texas allows attorneys to terminate their legal representation while ensuring that clients are not left without proper legal representation. By following the appropriate procedures and providing valid reasons for withdrawal, attorneys can navigate this process in a manner consistent with the rules of the court and ethical responsibilities.

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FAQ

An attorney may withdraw from representing a party only upon written motion for good cause shown.

Withdrawal of an attorney may be effected (a) upon motion showing good cause and under such conditions imposed by the Court; or (b) upon presentation by such attorney of a notice of substitution designating the name, address, telephone number, and State Bar of Texas identification number of the substitute attorney, ...

A motion to withdraw may be granted without hearing if: (a) The client has signed the motion or order, consenting to the withdrawal; (b) Another lawyer has made an appearance on behalf of the client; or (c) The motion is accompanied by a letter that notifies the client of the client's right to object to the withdrawal ...

An attorney seeking to withdraw from a case must file a motion specifying the reasons for withdrawal and providing the name and office address of the successor attorney.

Withdrawal is also permitted if the lawyer's services were misused in the past. The lawyer also may withdraw where the client insists on pursuing a repugnant or imprudent objective or one with which the lawyer has fundamental disagreement.

More info

Defendant has expressed his desire to attorney not to appeal and if he does want an appeal, he appears to not want the attorney to have any part of it. If the Court grants a motion to withdraw and substitute, it will normally require compliance with the notice provisions of Texas Rule of Civil Procedure 10.The State of Texas § HOUSTON, TEXAS. On October 13, 2009, the District Court held a hearing on the Motion to Withdraw and granted that Motion. See Order (Clerk's Doc. A sample motion that counsel may use to withdraw as counsel in Texas district and county court. Appellant's counsel has filed contemporaneously with this motion a brief in compliance with Anders v. An attorney may withdraw from representing a party only upon written motion for good cause shown. 2.12 Motions to Withdraw as Attorney. WESTERN DISTRICT OF TEXAS.

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Texas Western District Court