Pleadings and Motions
Procedural Motions
Withdrawal requires court permission once counsel has appeared. Grounds include client nonpayment, a fundamental disagreement, client conduct making representation unreasonably difficult, and conflicts arising after engagement.
Courts consider prejudice to the client and the case schedule.
Alternative Names:
Withdrawal Motion, Counsel Withdrawal Motion
Why it Matters?
Courts deny withdrawal close to trial regardless of the grounds, since the prejudice to a client left unrepresented outweighs counsel's interest in most circumstances. Moving promptly when grounds arise is the practical requirement. The motion must also avoid disclosing privileged information, which is why filings typically state professional considerations rather than the specific reason, with details offered for in camera review if requested.
Frequently Confused with
Related terms
Frequently asked questions
Why do courts deny withdrawal near trial?
How is privilege protected in the motion?
