It is the longstanding policy of this court that attorneys will investigate claims before filing a complaint and, if
a complaint is filed, that the attorney will remain with the case until its conclusion. Nevertheless, if there is a
compelling reason to withdraw, the attorney must comply with the following procedure.
If co-counsel remains in the case, or if substitute counsel enters an appearance prior to, or contemporaneous
with the withdrawal, then the attorney who wishes to withdraw as counsel for a party continuing to be
represented may, and without leave of the court, withdraw from representing a party upon filing a notice of
withdrawal.
If the withdrawal would leave the client unrepresented, then the attorney who wishes to withdraw as counsel
for any party therein, shall submit a written motion for an order of court permitting such withdrawal. Such
motion shall state that the attorney has given due written notice to his client respecting such intention to
withdraw fourteen (14) days (or such lesser time as the court may permit in any specific instance) prior to
submitting the request to the court and/or that such withdrawal is with the client’s consent. Such request may
be granted unless in the judge’s discretion to do so would delay the trial of the action or otherwise interrupt the
orderly operation of the court or be manifestly unfair to the client. The attorney requesting an order permitting
withdrawal shall give notice to opposing counsel and shall file with the clerk in each such action and serve upon
his client personally or at his last known address, a notice which shall contain at least the following information:
(a) that the attorney wishes to withdraw;
(b) that the court retains jurisdiction of the action;
(c) that the client has the burden of keeping the court informed respecting where notices, pleadings
or other papers may be served;
(d) that the client has the obligation to prepare for trial or hire other counsel to prepare for trial
when the trial date has been set;
(e) that if the client fails or refuses to meet these burdens, the client may suffer adverse
consequences, including, in criminal cases, bond forfeiture and arrest;
(f) the dates of any scheduled proceedings, including trial, and that holding of such
proceedings will not be affected by the withdrawal of counsel;
(g) that services of notices may be made upon the client at his last known address; and,
(h) unless the withdrawal is with the client’s consent, the client’s right to object within fourteen
(14) days of the date of the notice.
The client shall have fourteen (14) days from the date of the notice to file objections to the withdrawal. If the
court enters an order permitting withdrawal, the client shall be notified at his last known address by the Clerk’s
Office of the effective date of the withdrawal; thereafter all notices or other papers may be served on the party
directly by mail at the last known address of the party until new counsel enters an appearance.
