JANUARY 2025 | 7 THE OKLAHOMA BAR JOURNAL Law Practice Basics Navigating Counsel Withdrawal in Legal Proceedings By Jimmy Oliver THERE ARE TIMES WHEN AN ATTORNEY MUST WITHDRAW as the attorney of record in a civil case prior to its conclusion. This can occur at the client’s request or because the attorney has decided it is necessary. However, this decision doesn’t just allow an attorney to return the file to the client and step away from the case. The process to withdraw, including the necessary pleadings, is laid out by statute and is mandatory. THE MOTION TO WITHDRAW A motion to withdraw can be filed at any time in a case. A written motion must be filed, and a proposed order of withdrawal must accompany the motion. The court may only grant a motion to withdraw without replacement counsel if the body of the motion contains the name and address of the client.1 The motion should be signed by the client, acknowledging their knowledge of the motion. If the client does not sign the motion, the attorney is required to certify: 1) The client has knowledge of the attorney’s request to withdraw as attorney of record or 2) The attorney could not find the client after making a good-faith effort to do so. The statute requires the attorney seeking to withdraw to notify the court if the case is set for a motion docket, pretrial conference or trial.2 To ensure compliance with the statute, the motion should contain a statement as to any future case setting. The motion to withdraw must be served on the client and every attorney of record in the case. A certificate of service should be attached to the motion to prove compliance with the service requirement. Once filed, the motion should be set for hearing, and the client and all attorneys of record should be notified of the date and time of the hearing. THE ORDER It is important a client understands that a case does not stop when an attorney withdraws. Therefore, the statute requires that the order notify the client that they have a 30-day window to file an entry of appearance to represent themselves pro se or have an attorney file an entry of appearance on their behalf. The order must state that if no entry of appearance is filed within 30 days from the date of the order permitting withdrawal, the unrepresented noncorporate party is deemed representing themselves pro se. The order shall also notify the client that failure to prosecute or defend the pending case may result in the case being dismissed without prejudice or a default judgment taken against the client.3 An additional reminder about these obligations should be included in the closing letter to the client. ETHICAL RESPONSIBILITIES A client can discharge counsel at any time for any cause. If an attorney is discharged by a client, the attorney shall withdraw immediately. The Oklahoma Rules of Professional Conduct provide other guidance for when an attorney may withdraw from a case. An attorney is required to withdraw if a client demands or continues to demand that the lawyer take action that is in violation of Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.
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