From time to time, an attorney is required to file a motion to withdraw in order to cease representation of a client. The rules of civil procedure govern the requirements. However, courts often add their own requirements. Here some examples of individual court requirements:
The 133rd District Court of Harris County, Texas requires:
All motions to withdraw must be set for oral hearing [although on consultation with the clerk, our office has been told to set by submission] and contain the following:
*An indication that the motion to withdraw was provided to the client;
*An indication of whether or not the client consents to the motion;
*The last known address and phone number of client; and
*Notice to client that client has the right to appear at the hearing to object to the motion or file a response prior to the submission of the motion.
The 215th District Court of Harris County, Texas requires:
Motions to Withdraw: 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, TEX. R. CIV. P. In addition, in any instance where an attorney seeks to withdraw as counsel representing a company, corporation or any entity which cannot, as a matter of law, appear pro se, the motion must state that the company, corporation or other entity has been advised that they must substitute new counsel withing 30 days of the date of withdrawal of prior counsel or the Court will enter judgment against said company or corporation. This requirement must also be included in the proposed order and the motion and the order signed by the Court must be served on the client.
The 11th District Court of Harris County, Texas requires:
Motions to withdraw as attorney of record require strict compliance with Rule 10 of the Texas Rules of Civil Procedure. Motions in which the party will be pro se after the attorney withdraws must include:
- the party’s telephone number;
- the party’s address;
- the party’s email address;
- a statement regarding consultation with the party regarding the motion;
and - current deadlines and trial settings.
- Orders on motions to withdraw must include contact information for the pro se
party.
The Court does not generally grant motions to withdraw that are filed within 60
days of a dispositive event, such as a trial setting or a hearing on a motion for
summary judgment.
If the withdrawing attorney represents a corporation, counsel must notify the
corporate party that corporations cannot proceed pro se in Texas courts.
Motions to substitute counsel must indicate whether the attorney being replaced
has agreed to the substitution and have the appropriate certificates of conference
and service. - At the time of this post, this court does not have a submission
The 506th District Court of Waller County, Texas
Set by submission: “Motion To Withdraw: Without client consent: 10-days notice after filing. With signed client consent immediate submission.”