THE OKLAHOMA BAR JOURNAL 8 | JANUARY 2025 the law or the rules. An attorney can also withdraw from a case if the client does not pay for services as previously agreed upon.4 The rules emphasize that, even when withdrawing from a case, the attorney must take reasonable steps to protect the client’s interests. The rules give specific examples of such steps, such as “giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payment of fee or expenses that has not been earned or incurred.”5 Once an attorney withdraws, the client has the right to receive a refund for any funds still held by the attorney that have not been earned or used for legitimate expenses. The Court of Civil Appeals has stated that an attorney can only charge for services they actually provided and that those charges must be reasonable.6 It is important for the attorney to promptly send a final bill detailing the retainer paid and how the funds were used. Any remaining portion of the retainer should be returned to the client. TIMING FOR TRIAL/ HEARING SUBSEQUENT TO WITHDRAWAL The statute provides 30 days for a litigant to retain new counsel or be deemed as representing themselves.7 However, the appellate court has found that the statute does not require a trial or hearing to be postponed until that time frame has expired. Further, a pro se litigant can waive any such right by agreeing to a hearing date during the 30-day window.8 As the Oklahoma Rules of Professional Conduct require a withdrawing attorney to continue to protect the client’s interest, the attorney should caution the client not to agree to a hearing set prior to retaining new counsel. CONCLUSION Withdrawing as counsel by following the statutory requirements not only protects the interests of the client and the integrity of the legal system but also ensures that litigants, attorneys and the court are all informed about the status of the case and what will happen once the motion to withdraw is granted. ABOUT THE AUTHOR Jimmy Oliver has more than 10 years of experience in the areas of family law, juvenile law, guardianship and probate. He has served on the OBA Board of Governors and the Professional Responsibility Commission. ENDNOTES 1. O.S. §2005.2 (C). 2. Id. 3. Id. 4. Oklahoma Rules of Professional Conduct 1.16, Comments 7 and 8. 5. Oklahoma Rules of Professional Conduct 1.16 (d). 6. Wright v. Arnold, 1994 OK CIV APP 26, 877 P.2d 616. 7. O.S. §2005.2 (C). 8. Hilfiger v. Hilfiger, 2023 OK CIV APP 15, 530 P.3d 879. 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. PROPOSED LETTER TO CLIENT RE: Motion to Withdraw Dear [Client Name]: Enclosed is a copy of the Court Order allowing me to withdraw as your attorney. I will no longer be responsible for representing your interests in this matter. You should retain new counsel immediately or prepare to represent yourself. You have thirty (30) days from [enter date order was signed] for an attorney to file an Entry of Appearance, or you will be deemed as representing yourself. If you plan to represent yourself, notify the Court Clerk and Opposing Counsel so that you will receive pleadings and correspondence related to the case. A hearing is set in your case on [date]. You and/or your new attorney will need to be present at that hearing. Failure to attend future hearings or participate in your case could result in default orders against you or dismissal of your case. I have enclosed all the original documents from your file. If you believe there are additional documents in my possession, please let me know immediately so that I may search for them before I place my copy of your file in storage. Finally, I have enclosed the final statement for my work in this matter. If you have any questions about this statement, please contact my office at [insert phone number or contact information]. Sincerely, [Attorney’s Signature]
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