Mississippi Motion to Withdraw as Attorney

State:
Mississippi
Control #:
MS-61757
Format:
Word; 
Rich Text
Instant download

Description Motion To Withdraw Form

A motion is a written request to the court to take a certain action. The court will either grant or deny the motion in accordance with law and court rules. This document, a Motion to Withdraw as Attorney, is a model motion requesting the named action from the court (or a general motion form). Adapt to fit your facts and circumstances. Available for download now in standard format(s). USLF control no. MS-61757

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FAQ

Even if the matter is not pending before a tribunal, the ethics rules of most states provide that a lawyer cannot withdraw until he or she has taken reasonable steps to avoid foreseeable prejudice to the rights of his client, such as giving notice to the client, allowing time for employment of other counsel, delivering

The court may request an explanation for the withdrawal, while the lawyer may be bound to keep confidential the facts that would constitute such an explanation. The lawyer's statement that professional considerations require termination of the representation ordinarily should be accepted as sufficient.

Withdrawal from representation, in United States law, occurs where an attorney terminates a relationship of representing a client.Where litigation has been filed and an attorney is representing the client in court, permission of the court must usually be sought in support of an attorney's withdrawal.

Even if the matter is not pending before a tribunal, the ethics rules of most states provide that a lawyer cannot withdraw until he or she has taken reasonable steps to avoid foreseeable prejudice to the rights of his client, such as giving notice to the client, allowing time for employment of other counsel, delivering

In CA, a lawyer's motion to withdraw is routinely granted, and all the lawyer has to allege is your non-cooperation or a breakdown in communication --lawyers aren't compelled to represent someone they can't work with.

It is difficult for a lawyer to withdraw from representing a client. Judges have discretion in appointing guardian ad litem or indigent cases to attorneys. Judges have discretion in appointing guardian ad litem or indigent cases to attorneys.

A lawyer must withdraw from representing a client under the following circumstances: (1) they are discharged by the client; (2) the client persists in instructing the lawyer to act contrary to professional ethics; (3) the lawyer is instructed by the client to do something that is inconsistent with the lawyer's duty to

Once an attorney has received court permission to withdraw from the representation, the attorney must return all of the client's property in his or her possession, including client funds and any unused or unearned prepaid fees or retainers.

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Mississippi Motion to Withdraw as Attorney