13th Judicial Circuit - Local Rule 21.4

21. Attorneys

21.4 Withdrawal of Attorneys

The conditions under which an attorney is allowed to withdraw from the employ of a client are set out in Supreme Court Rule 4-1.16, Rules of Professional Conduct. Any attorney who desires to withdraw as attorney of record for any party to any action pending in this court shall comply with the following procedures:

A. The attorney shall file a written motion requesting leave of court to withdraw. If the case is then set for trial, the reason for the request must be set forth in the motion. Attached to the motion shall be a notice of date and time at which the moving attorney will call up the motion before the court for hearing.

B. A copy of the motion and the notice shall be served upon all parties, including the client from whose employ the attorney is seeking leave to withdraw, in the manner provided by V.A.M.R. 4301. If the case in which the attorney is seeking leave to withdraw is a criminal case, the notice shall instruct the client that the client must appear in person at the hearing.

C. The last known address of the client from whose employ the attorney is seeking leave to withdraw shall be plainly set out in the motion or the certificate of service thereon.

D. The attorney seeking leave to withdraw must appear in open court and call up the motion at the time specified in the notice. If the case in which the attorney is seeking leave to withdraw is a criminal case, it shall be the duty of the client to appear in person in compliance with the notice mentioned in subparagraph "B" above.

E. If the client fails to appear, and if the attorney is granted leave to withdraw, the attorney shall immediately notify his former client by letter of the attorney's withdrawal and shall send a copy of the letter to the clerk. Such letter shall advise the former client of any scheduled court proceedings or pleading deadlines in the case.