Legal Definitions - withdrawal of counsel

Withdrawal of Counsel refers to the formal process by which an attorney ends their legal representation of a client in an ongoing case.

When an attorney wishes to stop representing a client, they typically cannot simply walk away. They must usually obtain permission from the court to withdraw. This permission is generally sought through a written request, known as a motion, which explains the reasons for the withdrawal and indicates whether the client agrees to the change. Common reasons for an attorney to seek withdrawal include irreconcilable differences with the client over legal strategy, a client's failure to pay agreed-upon legal fees, or ethical conflicts that prevent the attorney from continuing representation.

Here are some examples illustrating the concept of withdrawal of counsel:

• Example 1: Ethical Conflict

  A criminal defense attorney is representing a client accused of fraud. During a private meeting, the client informs the attorney that they intend to lie under oath when testifying in court. The attorney explains that participating in or facilitating perjury is a serious ethical violation and advises the client against it. Despite the attorney's counsel, the client insists on their plan. Unable to ethically continue representing a client who intends to commit perjury, the attorney files a motion with the court to withdraw of counsel, explaining the ethical dilemma without revealing privileged client communications.

  How this illustrates the term: This scenario demonstrates an attorney terminating their representation due to an ethical conflict that makes it impossible to continue advocating for the client within the bounds of professional conduct. The attorney must seek court permission to end their role.

• Example 2: Non-Payment of Fees

  A family law attorney has been representing a client in a complex divorce case for several months. The client initially paid a retainer, but has consistently failed to pay subsequent invoices for legal services, despite multiple reminders and a clear fee agreement. After several attempts to resolve the payment issue, the attorney determines they can no longer afford to continue working on the case without compensation. The attorney files a motion to withdraw of counsel, citing the client's failure to meet their financial obligations as a reason for the breakdown in the attorney-client relationship.

  How this illustrates the term: This example shows an attorney ending their representation because the client has not upheld their part of the financial agreement, making it unsustainable for the attorney to continue providing legal services. Court approval is required to formalize this termination.

• Example 3: Attorney's Personal Circumstances

  A solo practitioner is representing a plaintiff in a significant personal injury lawsuit that is nearing trial. Unexpectedly, the attorney suffers a severe medical emergency that requires immediate hospitalization and an extended period of recovery, making it impossible for them to prepare for or attend the upcoming trial dates. To ensure the client's case is not jeopardized by their incapacitation, the attorney (or a colleague on their behalf) files a motion with the court to withdraw of counsel, explaining the unforeseen personal circumstances and requesting that the client be given time to find new representation.

  How this illustrates the term: This situation illustrates an attorney needing to terminate their representation due to unforeseen personal circumstances that prevent them from fulfilling their professional duties to the client. The court's permission is essential to allow the attorney to step down and for the client to secure new legal assistance.