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What Is a Motion to Withdraw?

By Jan Hill
Updated Jun 04, 2024
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The term "motion to withdraw" refers to a procedural request allowing an attorney to exit a case with court approval or removing a lawsuit from the court's calendar. While specific statistics on the frequency of such motions are not readily available, their regularity is implied by the routine nature of court proceedings. 

For instance, a study by the Pew Research Center indicates that a significant number of cases are resolved before trial, suggesting that pre-trial motions, including withdrawals, play a crucial role in the legal process. Understanding what a motion to withdraw entails is essential for anyone involved in litigation, as it can impact the strategy and progression of a case.

The Basics

Whenever a party to a lawsuit wants the court to do something specific, he typically needs to make a formal written request to the court. In most places this is called a “motion.” A motion to withdraw, then, is basically a way to ask a court to make a formal order allowing a party to withdraw, or take back, something that was previously done or previously filed. Different courts have different rules, but in most cases these sorts of motions usually include supporting documents, including citations to the rules or laws that authorize the motion and a written statement or brief explaining the reasons for the motion and why it should be granted.

Most of these sorts of filings are considered “routine,” and most are discharged by the courts almost automatically. If the court requires a hearing on the motion, though, both parties will usually submit oral arguments regarding it, and may also be invited to submit additional documents including affidavits and exhibits. After considering the arguments and the evidence, the court will issue a ruling, and one of the attorneys involved typically prepares an order that provides documentation of the court's decision.

Canceling a Lawsuit

One of the most common reasons for filing this sort of motion is to withdraw a lawsuit. This often happens if the plaintiff, the party who initiated the legal action, changes his or her mind about following through. If the parties decide to settle the matter outside of court the action will similarly need to be withdrawn.

Withdrawing Representation

If a lawyer or attorney no longer wishes to continue representing certain clients he or she will also usually need to file a motion to withdraw representation. Sometimes this is due to a conflict of interest in the dispute, for instance if the lawyer is related to the judge or has a business relationship with someone on the other side of the action, though it can also happen if the lawyer and the clients simply aren’t getting along or seeing eye-to-eye. This is often the case when the lawyer and clients do not agree regarding legal strategy, particularly if the lawyer feels like his or her best advice is being ignored.

If the client consents, this sort of filing is usually entered and issued almost automatically. Things get more complicated when the client wants to keep the lawyer. In these circumstances the court typically provides the client with an opportunity to explain why the attorney should remain on the case. Favorable rulings are often challenging because the attorney must be careful to provide sufficient information to the court to satisfy the motion without breaching client confidentiality rules.

These sorts of motions can also be filed by lawyers who are court-appointed, often as public defenders or government lawyers who are on staff with the courts rather than being hired directly by clients. Withdrawal motions can be more challenging in these circumstances and usually hinge on the validity of the case. If a court-appointed attorney has reason to believe that a case is frivolous and without merit, he may motion the court for permission to withdraw appearance. Simply disagreeing with an assigned client or disbelieving his or her version of events isn’t usually sufficient. If the court disagrees with the attorney’s reasoning he or she may be ordered to proceed despite desires otherwise.

As Related to Pleas

In many criminal cases a defendant may plead guilty to a crime in exchange for something that will help him, such as being charged with a lesser offense or the promise of a lighter sentence. Sometimes, however, a defendant will receive the court's permission to use a tool known as a “conditional plea,” which reserves his right to appeal certain issues before the plea is entered. If a defendant is allowed to use a conditional plea, he may ask to withdraw his guilty or no contest plea and instead go to trial. If the defendant loses the appeal, the guilty plea typically is enforced.

As a Means of Transfer

This sort of motion can also sometimes be used to change the venue of an action so that the outcome is more likely to be favorable to a certain party. Bankruptcy cases are a good example. In bankruptcy actions, the party filing for bankruptcy may have the opportunity to have a jury trial rather than have the matter decided by a bankruptcy judge. This is usually done by filing a motion to withdraw reference, which requests that the matter be transferred from bankruptcy court to a court where it will be tried in front of a jury. As with other motions, the parties typically must show cause regarding why the matter should be transferred.

How To Object To a Motion To Withdraw

Maybe the client doesn't agree about the decision to file a motion to withdraw. Of course, he can talk to his attorney about his concerns before the attorney goes through with the process. However, sometimes a compromise can't be made.

In this case, there is a legal process that a client can follow through with. Anytime a lawyer files a motion to withdraw, a client is allowed to object. After an objection, a hearing follows. Ultimately, the court decides what to do after hearing oral arguments from both sides about the situation.

An attorney must give a client proper notice when he files a motion to withdraw. The client should receive a copy of the official paperwork. Hard copies of this paperwork are also filed with the court. If the client wants to object, he'll have to file an objection with the courts.

Keep in mind that the client needs to do this swiftly. At most, he usually has up to fourteen days to file an objection. Depending on the circumstances or place of filing, he may have even less time. If the client file after the time limits, the case won't be considered.

How To File a Motion To Withdraw Guilty Plea

Sometimes, a defendant finds that taking a guilty plea may not have been the best course of action. Two different circumstances could unfold, depending on where he is in the sentencing process. One scenario is to withdraw before sentencing. The other is to withdraw after the sentence is given. Each is a little different from the other. As they occur in different parts of the sentencing process, they each have their unique circumstances and proceedings.

The Process of Withdrawing Before Sentencing

The client and attorney need to work closely together in this process. Withdrawing can be done, but it is not instant. It can be complicated, so patience is needed. The lawyer needs to file a motion with the court. The judge then will then choose whether or not to grant your request. The judge has to take into consideration the client's reasons for withdrawal. If the client is trying to avoid sentencing, the judge may not grant this request. However, there can be some circumstances that move it forward.

The client needs to have a fair reason for withdrawing the guilty plea. There can be many valid reasons a judge could consider. Maybe the client didn't have an attorney representing him. Perhaps the client entered into a guilty plea, not knowing there could be better options for you. Working closely with an attorney can help the client decide if there are alternative options out there.

The Process of Withdrawing After Sentencing

It can be a lot more difficult to withdraw the guilty plea after sentencing. However, there is still a process in place for this situation. The client needs to prove there was an unfair situation that occurred during the legal process.

A complete error in the sentencing process could be one factor that proves an unjust legal process. An example could include misinformation the client received about sentencing. Another factor can be evidence that appears after the sentencing. In this case, the client's case may deserve another round of examination. The evidence could prove innocence. Alternatively, it could change the terms of the sentence.

If the judge denies the request to withdraw, the client may be able to appeal this decision.

What Does Action Withdraw Mean

A notice of withdrawal starts the process. After the notice gets filed, there is a period where action can be taken. As stated earlier, this period can last up to fourteen days after the filing date. During this time, the withdrawal is not in effect. This way, the client is given an adequate amount of time to object.

The decisional authority can also take action on the plea withdrawal. The decisional authority is usually the representative of the court system. They oversee the proceedings, from working on the paperwork to hearing an objection in court.

Overall, a smooth process needs to be ensured. If there are bumps along the way, responsible parties need to act accordingly. Otherwise, the withdrawal may not become effective promptly. For example, there could be filing errors that have to be accounted for. Or, there may be difficulties in arranging dates for hearings.

If neither the objecting parties nor the decisional authority takes action on the withdrawal in the appropriate amount of time, then the withdrawal becomes effective.

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Discussion Comments
By anon307039 — On Dec 03, 2012

You don't have to serve motions. Simply certified mailing the motion to the client is sufficient in most states. Usually you know if your attorney is dropping you.

A motion to withdraw as counsel can be done when an attorney has done his job and what he was paid for, but the case could be ongoing or open and the attorney is not being paid to continue with it. It doesn't always have to be a frivolous lawsuit.

I did this in a case where I was representing myself and needed an attorney for one hearing, then continued on my own. He just sent the motion to me via regular mail.

By anon252535 — On Mar 06, 2012

On a motion to withdraw representation, does this make the attorney a party to the motion and prevent him from personally serving the "motion to withdraw representation"? Is this a separate action within the main court action? When this is so, what legal points make it so?

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