How Attorneys May Withdraw Without a Hearing in Collin County

1.    Draft your motion to withdraw, including all of the information required by TRCP 10.

2.     Draft a letter to your client that contains the information required by Collin County Local Rule 4.3.  Sample letter:

January 1, 2017

Mr. John Doe
123 Main St.
McKinney, TX 75071

Via CMRRR 1234 5678 9012 3456 7890 and regular first class mail

Re:  In the Interest of Little Janie Doe, 470-12345-2016

Dear Mr. Doe,

Please be advised that we have filed our motion to withdraw from representing you.  A copy of our motion and a proposed order are enclosed.  If you agree to our withdrawal, please sign the enclosed order and return it to us.

If you do not agree to our withdrawal, you have the right to object by mailing a written objection to the court at 2100 Bloomdale Road, McKinney, TX 75071.  If no written objection is received by the court within 10 days of the date this letter was mailed, the court may grant the withdrawal without a hearing.

Sincerely,

Attorney B. Esquire

3.     Mail the letter by both certified and regular first class mail to the client’s last-known address.

4.     E-File your motion to withdraw with the letter attached.

5.     E-file your proposed withdrawal order.

6.     Email the coordinator after 10 days to ask her to present your withdrawal order for the judge’s signature.

7.     Send the client by regular mail a copy of the signed withdrawal order. Include a letter that lists all settings and pending deadlines and advises the client to obtain other counsel. Serve this letter on all counsel of record and e-file it with the clerk.

COLLIN COUNTY LOCAL RULE 4.3 – WITHDRAWAL

(a) Motions to withdraw must comply with TRCP 10 and be served on all counsel of record.

(b) A lawyer may not file a motion to withdraw within 30 days of trial without leave of court.

(c) A motion to withdraw may be granted without a hearing under the following circumstances:

(1) the motion is accompanied by a certificate by the client attesting to the client’s consent to the withdrawal or a certificate by another lawyer attesting that the lawyer has been retained to represent the client in the case; or

(2) the motion is accompanied by a letter that notifies the client of the client’s right to object to the withdrawal within ten days of the date that the letter was mailed;

the withdrawing attorney certifies that the motion and letter were sent to the client’s last known address by certified and regular mail; and

no objection is filed.

(d) If a motion to withdraw is granted, the withdrawing attorney must send the client by regular mail a copy of the court’s order and a letter that lists all settings and pending deadlines and, if another lawyer is not being substituted, advises the client to obtain other counsel. The letter must be served on all counsel of record and filed with the Clerk.

TRCP 10. WITHDRAWAL OF ATTORNEY

An attorney may withdraw from representing a party only upon written motion for good cause shown.

If another attorney is to be substituted as attorney for the party, the motion shall state:

  • the name, address, telephone number, telecopier number, if any, and State Bar of Texas identification number of the substitute attorney;
  • that the party approves the substitution; and
  • that the withdrawal is not sought for delay only.

If another attorney is not to be substituted as attorney for the party, the motion shall state:

  • that a copy of the motion has been delivered to the party;
  • that the party has been notified in writing of his right to object to the motion;
  • whether the party consents to the motion;
  • the party’s last known address; and
  • all pending settings and deadlines.

Notice or delivery to a party shall be either made

  • to the party in person; or
  • mailed to the party’s last known address by both certified and regular first-class mail.

If the motion is granted, the withdrawing attorney shall immediately notify the party in writing of any additional settings or deadlines of which the attorney has knowledge at the time of the withdrawal and has not already notified the party.

The Court may impose further conditions upon granting leave to withdraw.

If the attorney in charge withdraws and another attorney remains or becomes substituted, another attorney in charge must be designated of record with notice to all other parties in accordance with Rule 21a.

Published by

Emily Miskel

Judge Emily Miskel was appointed by Texas Governor Greg Abbott as the first judge of the 470th family district court of Collin County, Texas. She graduated from Stanford University and Harvard Law School and she is board certified in family law by the Texas Board of Legal Specialization. Find Emily on Google+, Facebook, and other social media.

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