A Notice form provides legal notification to a party of an important aspect of a legal matter. Failure to provide proper notice is often the cause of delays in the progress of lawsuits and other legal matters. This model form, a Notice of Motion and Motion to Be Relieved as Counsel - Civil, provides notice of the stated matter. Because each case is unique, you will need to adapt the form to fit your specific facts and circumstances. Available for download now. USLF control number CA-MC-051
The Pomona California Notice of Motion and Motion to Be Relieved as Counsel — Civil is a legal document intended to inform the court and opposing parties in a civil case of an attorney's request to be relieved as counsel. This motion is typically filed by an attorney who wishes to withdraw their representation due to various reasons such as a breakdown in attorney-client relationship, conflict of interest, or lack of cooperation from the client. It is crucial for attorneys to adhere to proper protocols when seeking to withdraw from a case, as the court's approval is necessary for the attorney's departure. By filing a Notice of Motion and Motion to Be Relieved as Counsel — Civil, attorneys formally notify the court and opposing parties of their intention to withdraw and provide the reasons for their request. The content of the motion typically includes: 1. Title and Heading: The document title should clearly indicate that it is a Notice of Motion and Motion to Be Relieved as Counsel — Civil. The heading should contain the court's name, case number, and the names of the parties involved. 2. Introduction: The motion begins by identifying the attorney who is seeking to withdraw and their contact information. It also mentions the attorney's representation of the client and the case's background information, such as the nature of the civil case and the date the attorney was retained. 3. Grounds for Withdrawal: Here, the attorney explains the specific reasons necessitating their withdrawal from the case. Reasons might include: breakdown in communication with the client, irreconcilable differences, ethical concerns, imminent conflicts of interest, or lack of cooperation from the client in moving the case forward. The attorney must provide sufficient details and supporting evidence for the court to assess the validity of the withdrawal request. 4. Compliance with Local Rules and Professional Responsibility: Attorneys must demonstrate their compliance with local court rules and professional responsibility obligations when seeking withdrawal. This includes providing clients with written notice of the intent to withdraw, allowing them ample time to secure new counsel, and ensuring proper communication channels are established to maintain client confidentiality. 5. Proposed Order: The motion concludes with a proposed order for the court’s consideration. This order outlines the relief requested, typically being the attorney's withdrawal from representation, the effective date of the withdrawal, and any additional instructions or requirements the court may impose. Additional types of Pomona California Notice of Motion and Motion to Be Relieved as Counsel — Civil might include variations specific to different types of civil cases, such as family law cases, personal injury suits, employment disputes, contract litigation, or business disputes. However, the basic structure and content mentioned above generally remain consistent, while the specific reasons and circumstances may differ. Overall, the Pomona California Notice of Motion and Motion to Be Relieved as Counsel — Civil serves as a formal request for an attorney to withdraw from a civil case, ensuring transparency, compliance with legal procedures, and the fair representation of all parties involved.The Pomona California Notice of Motion and Motion to Be Relieved as Counsel — Civil is a legal document intended to inform the court and opposing parties in a civil case of an attorney's request to be relieved as counsel. This motion is typically filed by an attorney who wishes to withdraw their representation due to various reasons such as a breakdown in attorney-client relationship, conflict of interest, or lack of cooperation from the client. It is crucial for attorneys to adhere to proper protocols when seeking to withdraw from a case, as the court's approval is necessary for the attorney's departure. By filing a Notice of Motion and Motion to Be Relieved as Counsel — Civil, attorneys formally notify the court and opposing parties of their intention to withdraw and provide the reasons for their request. The content of the motion typically includes: 1. Title and Heading: The document title should clearly indicate that it is a Notice of Motion and Motion to Be Relieved as Counsel — Civil. The heading should contain the court's name, case number, and the names of the parties involved. 2. Introduction: The motion begins by identifying the attorney who is seeking to withdraw and their contact information. It also mentions the attorney's representation of the client and the case's background information, such as the nature of the civil case and the date the attorney was retained. 3. Grounds for Withdrawal: Here, the attorney explains the specific reasons necessitating their withdrawal from the case. Reasons might include: breakdown in communication with the client, irreconcilable differences, ethical concerns, imminent conflicts of interest, or lack of cooperation from the client in moving the case forward. The attorney must provide sufficient details and supporting evidence for the court to assess the validity of the withdrawal request. 4. Compliance with Local Rules and Professional Responsibility: Attorneys must demonstrate their compliance with local court rules and professional responsibility obligations when seeking withdrawal. This includes providing clients with written notice of the intent to withdraw, allowing them ample time to secure new counsel, and ensuring proper communication channels are established to maintain client confidentiality. 5. Proposed Order: The motion concludes with a proposed order for the court’s consideration. This order outlines the relief requested, typically being the attorney's withdrawal from representation, the effective date of the withdrawal, and any additional instructions or requirements the court may impose. Additional types of Pomona California Notice of Motion and Motion to Be Relieved as Counsel — Civil might include variations specific to different types of civil cases, such as family law cases, personal injury suits, employment disputes, contract litigation, or business disputes. However, the basic structure and content mentioned above generally remain consistent, while the specific reasons and circumstances may differ. Overall, the Pomona California Notice of Motion and Motion to Be Relieved as Counsel — Civil serves as a formal request for an attorney to withdraw from a civil case, ensuring transparency, compliance with legal procedures, and the fair representation of all parties involved.