Question Re: Notice of Withdrawal when leaving a firm Forum

[Anonymous User]

CA lawyer. Do I need to file a notice of withdrawal or substitution of attorney for each case I worked on that is still pending in court if I’m leaving my firm? If yes, would I just file a substitution of attorney and name the Partner and/or successor Associate?

[CanadianWolf]

Check the local rules for each court. Then coordinate any filings with your former firm & new counsel for each case.

[Anonymous User]

Check the local rules for each court. Then coordinate any filings with your former firm & new counsel for each case.

OP - So there's no California Code requirement or ethics requirement for this? (That's my impression, but wanted to get more people's thoughts)

[Anonymous User]

I had to do this. Both a notice of withdrawal and substitution. But I'm not in CA. Agree that you should check local/court rules.

[CanadianWolf]

Check the local rules for each court. Then coordinate any filings with your former firm & new counsel for each case.

OP - So there's no California Code requirement or ethics requirement for this? (That's my impression, but wanted to get more people's thoughts)

My assumption is that you are referring to civil, not criminal, cases.

Typically, local rules incorporate ethics standards.

If withdrawing from a civil case for reasons other than substitution of new counsel (without new counsel entering), a request for a hearing may be necessary--but my understanding is that this is not the hypothetical situation under discussion.

Should be easy for one leaving a firm & the firm, I assume, will remain as counsel without objection from the client. Best to get consent from client. Coordinate with members of the firm.

This may help:
https://codes.findlaw.com/ca/code-of-ci ... -284-.html

Be sure to read: California Rules of Court Code of Civil Procedure 284 (2) Motion To Be Released as Counsel--Civil (form MC-O51)

The above is not intended as legal advice, nor should it be taken as such.

[Anonymous User]

When I was a first year, my firm made me draft withdrawal notices for a colleague on a slew of cases when he left.

[Anonymous User]

OP here - thank you!