This Motion to Withdraw as Counsel Template is used by an attorney when requesting
to withdraw from representing a client. The template lays out the necessary terms that
need to be included when bringing such a motion including the parties' names, the case
number and the grounds for withdrawal. It is crucial to comply with all the requirements
when attempting to withdraw as counsel, because failure to do so can result in fines and
punishment from the California State Bar. This document can be easily customized to
fit the attorney's unique situation.
______________ [Instructions: Insert name of attorney and Bar number]
1 ______________ [Instructions: Insert address of attorney]
______________ [Instructions: Insert facsimile number / email address]
2 ______________ [Instructions: Insert telephone number]
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Attorney for ______________ [Instructions: Insert either “Defendant” or “Plaintiff”]
5 ______________ [Instructions: Insert name of represented party]
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7 SUPERIOR COURT OF THE STATE OF CALIFORNIA
8 FOR THE COUNTY OF ______________ [Instructions: Insert name of county]
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______________ [Instructions: name of ) Case No.: ______________ [Instructions:
11 ) Insert case number]
plaintiff]
)
12 )
Plaintiff,
) MOTION TO WITHDRAW AS
13 ) COUNSEL
v.
)
14 ______________ [Instructions: Insert name ) Judge: ______________ [Instructions:
of defendant] ) Insert name of judge]
15 Defendants. ) Trial Date: ______________ [Instructions:
) Insert trial date]
16 )
)
17 )
)
18 )
)
19 )
)
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21 TO THE PRESIDING JUDGE:
22 ________________ [Instructions: Insert name of party filing motion] requests this
23 court issue an order permitting my withdrawal from representing ________________
24 [Instructions: Insert name of party] and for appointment of another attorney to represent
25 ________________ [Instructions: Insert name of party] in this case.
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27 This request is made on the grounds that ________________ [Instructions: Insert reason for
28 withdrawal]. This court has ability to add new counsel in my place, and an attorney may
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MOTION TO WITHDRAW AS COUNSEL
generally withdraw except if there is a forceful reason for requiring the attorney to continue.
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2 (Code Civ. Proc. §284; Echlin v. Superior Court (1939) 13 Cal.2d 368, 374; Hepple v. Kluge
3 (1951) 104 Cal.Ap.2d 461, 462.)
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________________ [Instructions: Set forth the details for request for withdraw and
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rationale for withdraw is allowed in this specific situation]
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________________ [Instructions: Set forth the details of the status of the case,
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including current discovery and motions]
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DATED: ________________ Respectfully submitted,
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[Instructions: Insert date] By ________________ [Instructions: Insert name]
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Attorneys for ________________ [Instructions: Insert
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“Defendant” or “Plaintiff” and full name].
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[Comment: An attorney must be aware of the ethical issues that are raised by withdrawing
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to ensure he or she complies with all the requirements]
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MOTION TO WITHDRAW AS COUNSEL
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6 after reading and followi