MOTIONS TO WITHDRAW AS ATTORNEY OF RECORD

(PER RULE 10 OF THE TRCP)

In cases in which another attorney is not to be substituted in to replace withdrawing counsel, motions to withdraw must strictly comply with all of the pertinent requirements of Rule 10 of the Tex. R. Civ. Procedure.

Attorneys seeking leave of court to withdraw are advised that the following must be filed before any such motion will be considered:

            1.         Notice of hearing (withdrawals that leave a party to proceed pro se will only be handled by submission if prior, written consent of the client is obtained and filed with the Court, or if the withdrawing attorney presents exceptional circumstances that warrant written submission).

            2.         A valid certificate of conference.

            3.         A statement of the particular circumstances and/or disciplinary rule requiring withdrawal.  A general statement such as “irreconcilable conflicts” is not enough.  Matters that should remain confidential may be filed under seal.

            4.         A certificate by the attorney of record of his client’s name, address and telephone number, and the statement that such information is current; or, if not current, when the information was last known to be correct and a description of the efforts made to ascertain a current address.

5.         A copy of a letter sent by the attorney of record to the client giving notice:  (a) that the attorney is withdrawing; (b) that the client has the right to object; (c) that the client is deemed to have knowledge of and is required to abide by the Texas Rules of Civil Procedure if the client elects to proceed pro se; (d) that all notices from the Court to the client’s current address will be deemed to have been received unless the client notifies the Court of any change of address; (e) that no continuances or extensions will be granted to the pro se client in order to obtain other counsel; (f) all pending settings and deadlines; and (g) notice of the hearing or submission date at which time the motion to withdraw will be considered.

            6.         A signed acceptance of the terms of the letter described in item 5, if the client has agreed to the withdrawal (in which case the Court will agree to consider the motion by written submission).

7.         If the client has not agreed to the withdrawal, proof of service on the client of the letter described in item 5 must be filed with the Court.

 [Updated as of 3/01/09]