Motion To Withdraw / Order To Withdraw Example

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What is included in the product download?

The product download is simply a redacted PDF motion to withdraw that was filed by a lawyer in 2022 in Dallas County.  The Court agreed with the motion and ordered the withdraw so this product is an example of one format and approach that worked successfully for a lawyer to get off of a case.

What Is a Motion To Withdrawal?

A Motion to Withdrawal filed by a lawyer is simply a document used to remove the lawyer from legal obligations on the lawsuit.  Once the motion is filed, the court will hold a hearing regarding the Motion and if the judge grants the motion, the lawyer will then be off of the case.

What do you do if your lawyer files a Motion to Withdraw?

Most likely, the court will allow your attorney to withdrawal from your case once they have filed a motion to do so.  It is best to reach out to your attorney directly and see if can agree to continue the case together.  Most often withdrawal motions are filed due to a failure to pay legal fees.  But, it is often best to keep the lawyer you have if at all possible.  If you cannot keep the lawyer, you do not need to do anything in order for the lawyer to withdrawal, but it is usually best to sign an agreed order allowing them off the case since otherwise the lawyer likely has contractual rights to sue you for the added fees it could take to get off your case without your cooperation.

Keep in mind that lawyers are like tools.  If you have to switch, it is not the end of the world.  Find one that fits the job. Still, changing lawyers too many times on a case can be a red flag so ideally change lawyers 0 or just once during the case, and then stick with the lawyer you get.

Substantive writing in motion (Partial):

This is the majority of what the template includes, substantively:

AGREED MOTION FOR WITHDRAWAL OF ATTORNEY OF RECORD

NOW COMES_,_, attorney of record forRedacted together with Petitioner, Redacted-  and makes this Agreed Motion for Withdrawal of Attorney of Record, and, in support therefore, would respectfully show unto the honorable court the following:

  1. Good cause exists for the court to grant leave for

for Petitioner, Redacted

to withdraw as attorney ofrecord

    1. Petitioner and AeOacted wish to discontinue their attorney-client relationship.
    2. Petitioner consents to the Motion for Withdrawal and has so indicated by hissignature below;
    3. The undersigned attorney is unable to communicate with the Petitioner in a manner consistent with an attorney-client relationship. Further, the Petitioner has announced his intention not to pay for the legal fees charged by the attorney for services rendered but, instead, to file for bankruptcy and to include this attorney on the list of creditors.
  1. A true copy of this Motion has been delivered to the Petitioner in writing. Petitioner has been advised of his right to object to this Motion and to appear at a hearing and present any objections to this Motion.
  2. This Motion is not sought for the purposes of delay only.
  3. Upon the granting of the Motion, Petitioner may hereinafter be served directly, as a pro se

litigant, all service and notices may be made directly to the Petitioner at the following address and contact information:

    1. Mailing address:
    2. Phone,:_ --,Redacted

C. E-mail: Redacted

""""""

  1. Respondent has been advised of all pending deadlines and settings in the above case which are attached hereto in Exhibit A. There are no knovm settings or deadlines except for those listed above and attached hereto in Exhibit A.

Respondent hereby prays unto the honorable court to grant leave for, and to order that,

..,.._ withdrawn as attorney of record for Redacted above-styled and numbered cause, and that Redacted recognized as a pro-se litigant.

Respectfully submitted,

in the be hereinafter

 By:

Redacted_

IN THE MATTER OF THE MARRIAGE OF

Redacted

AND

Redacted

Redacted

IN THE DISTRICT COURT

255th JUDICIAL DISTRICT DALLAS COUNTY,TEXAS

ORDER FOR WITHDRAWAL OF ATTORNEY OF RECORD

On this the 23rd day of July, Redacted , the court considered the Petitioner's Motion for

Withdrawal and finds that the Motion is well-taken.

The Court hereby finds that;

    1. There is good cause for the granting of the withdrawal;
    2. Petitioner Redacted agrees to and joins the Motion for Withdrawal;
    3. Petitioner has received a written copy of the Motion for Withdrawal;
    4. Petitioner has been informed of his right to object to the Motion and to appear at a hearing if he so requests, to contest the Motion for Withdrawal;
    5. Petitioner has been informed in writing of all pending motions and deadlines in this case, which are:
      1. Court Ordered Mediation through Redacted

Redacted ;

to be completed by October 22,

      1. Parties to exchange Inventories and Appraisements by Redacted ;
      2. Husband to make a payment to wife of $1,285.00 on or by July 29, 2019 to be paid through the wife's attorney's office;
      3. Husband to make monthly spousal support payments to wife in the amount of

$1,285.00;

e.Husband to make monthly spousal support payment to wife in the amount of

$1,285.00 beginning on 8-8-2019;

      1. Wife is responsible for making payments for the home mortgage, utilities and insurance;
      2. Husband is to return $500 to wife by July 29, 2019;
      3. Parties are mutually enjoined from coming within 500 feet of the other spouse's person, residence or place of employment;

1. Parties shall not communicate with each other except through their respective

attorneys;

WHEREFORE, PREMISES CONSIDERED, the Court does hereby:

  1. GRANT the Motion for Withdrawal of Attorney of Record;
  2. Removes Redacted as attorney for Petitioner, in the above-styled and numbered cause;
  3. Confirms that the Petitioner, Redacted is hereinafter to be considered a Pro-Se litigant, with all future notices to be provided to the Petitioner as follows:

Mailing address: Redacted 

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