Motion to Withdraw as Counsel

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01 WITHDRAWING ATTORNEY INFORMATION

Attorney Name *

State Bar No. *

Firm / Office Name

Address *

Phone *

Fax

02 CASE INFORMATION

Case / File No. *

County *

Court Division

Case Type

Defendant / Respondent Name *

Attorney Represents *

03 GROUNDS FOR WITHDRAWAL

Primary Reason for Withdrawal *

Describe the grounds (provide as much non-privileged detail as appropriate)

RULE 1.16 NOTE: Mandatory withdrawal is required when representation would violate the RPC, the attorney's physical/mental condition materially impairs representation, or the attorney has been discharged. The Court retains discretion to deny withdrawal where it would prejudice the client or delay trial.

04 CLIENT NOTIFICATION

Date Client Notified of Intent to Withdraw

Method of Client Notification

Last Known Client Address (for service)

05 RULE 1.16(d) COMPLIANCE

Undersigned counsel has taken steps to return client files, papers, and property (or will do so upon entry of Order). Any unearned fees will be refunded to the client upon withdrawal. Client has been advised to retain successor counsel promptly and provided information to allow successor counsel to proceed. Client has been notified of all upcoming court dates, deadlines, and statute of limitations concerns.

REQUIRED: Rule 1.16(d) requires counsel to take steps to protect the client's interests regardless of the reason for withdrawal. Check all that apply.

06 CERTIFICATE OF SERVICE

Served Upon *

Date of Service *

Method of Service

SELECTED COUNTY

— Select above —

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WITHDRAWAL — KEY RULES

Rule 1.16 permits withdrawal when the client fails to pay fees, renders representation unreasonably difficult, or insists on unlawful conduct
Mandatory withdrawal: representation would violate RPC, attorney has physical/mental impairment, or client discharges counsel
Court permission required when proceedings are pending (Rule 16, Gen. Rules of Practice)
Rule 1.16(d): Must protect client interests — return files, refund unearned fees, give reasonable notice
File Motion to Withdraw early — last-minute withdrawal may be denied as prejudicial
Also serve the client directly; include client's last known address in motion

AUTHORITY

Rule 1.16 NC RPCDeclining / terminating representation

Rule 1.16(d)Duties upon termination

Rule 16 Gen. RulesWithdrawal of counsel

G.S. 84-13Attorney authority / revocation

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