TRCP 10: When and how can attorney drop the client and get out of the case?

Tex. R. Civ. P. 10 governs the withdrawal of attorneys from the legal representation of a client or clients and imposes a number of requirements the withdrawing attorney has to satisfy in order to obtain the court's permission to withdraw when the client has not consented or terminated the attorney-client relationship. These conditions are meant to protect the client and client's rights and procedural posture in the pending suit.

TEXT OF RULE 10. WITHDRAWAL OF ATTORNEY

An attorney may withdraw from representing a party only upon written motion for good cause
shown.

If another attorney is to be substituted as attorney for the party, the motion shall state: the name, address, telephone number, telecopier number, if any, and State Bar of Texas identification number of the substitute attorney; that the party approves the substitution; and that the withdrawal is not sought for delay only.

If another attorney is not to be substituted as attorney for the party, the motion shall state: that a copy of the motion has been delivered to the party; that the party has been notified in writing of his right to object to the motion; whether the party consents to the motion; the party's last known address and all pending settings and deadlines. If the motion is granted, the withdrawing attorney shall immediately notify the party in writing of any additional settings or deadlines of which the attorney has knowledge at the time of the withdrawal and has not already notified the party.

The Court may impose further conditions upon granting leave to withdraw. Notice or delivery to a party shall be either made to the party in person or mailed to the party's last known address by both certified and regular first class mail. If the attorney in charge withdraws and another attorney remains or becomes substituted, another attorney in charge must be designated of record with notice to all other parties in accordance with Rule 21a.

SEARCH ENGINE FODDER: RELATED TERMS, PHRASES, AND CONCEPTS: Motion to withdraw as counsel, for permission to withdraw as attorney of record, from legal representation with /without client's consent, because client fired lawyer, terminated the representation