Question Re: Notice of Withdrawal when leaving a firm Forum
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Question Re: Notice of Withdrawal when leaving a firm
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?
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Re: Question Re: Notice of Withdrawal when leaving a firm
Check the local rules for each court. Then coordinate any filings with your former firm & new counsel for each case.
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Re: Question Re: Notice of Withdrawal when leaving a firm
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)CanadianWolf wrote: ↑Mon Jun 14, 2021 7:22 amCheck the local rules for each court. Then coordinate any filings with your former firm & new counsel for each case.
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Re: Question Re: Notice of Withdrawal when leaving a firm
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.
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Re: Question Re: Notice of Withdrawal when leaving a firm
My assumption is that you are referring to civil, not criminal, cases.Anonymous User wrote: ↑Mon Jun 14, 2021 8:52 pmOP - So there's no California Code requirement or ethics requirement for this? (That's my impression, but wanted to get more people's thoughts)CanadianWolf wrote: ↑Mon Jun 14, 2021 7:22 amCheck the local rules for each court. Then coordinate any filings with your former firm & new counsel for each case.
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.
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Re: Question Re: Notice of Withdrawal when leaving a firm
When I was a first year, my firm made me draft withdrawal notices for a colleague on a slew of cases when he left.
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Re: Question Re: Notice of Withdrawal when leaving a firm
OP here - thank you!