(a) When additional counsel is employed to represent any party in a case, said counsel shall immediately cause the clerk to enter his or her name as an attorney of record in the case and shall also immediately notify the court and opposing counsel that he or she has been employed in the case.
Rule 64.Addition and Withdrawal of Counsel
Last amended December 14, 2017 · Last verified July 13, 2026
In one sentenceRule 64 requires new counsel to promptly enter an appearance and notify the court and opposing counsel, and requires a lawyer who wants to withdraw to get the court's permission after showing the client will not be left in the lurch.
Full Text of Rule 64
(b) Except as provided in Rule 87 of these rules, a lawyer may not withdraw from any proceeding or from representation of any party to a proceeding without permission of the court in which the proceeding is pending. Permission to withdraw may be granted for good cause shown if counsel seeking permission presents a motion therefor to the court showing counsel (1) has taken reasonable steps to avoid foreseeable prejudice to the rights of the client, including giving due notice to the client, allowing time for employment of other counsel; (2) has delivered or stands ready to tender to the client all papers and property to which the client is entitled; and (3) has refunded any unearned fee or part of a fee paid in advance, or stands ready to tender such a refund upon being permitted to withdraw.
Amendment History
Adopted July 9, 1984, effective September 1, 1984; amended July 6, 1987, effective September 21, 1987; amended December 14, 2017, effective December 14, 2017.
Reporter's Notes
Reporter’s Notes to Rule 64: Prior to 1984, there was no Rule 64. The Rule was adopted in 1984 to state the procedural requirements for withdrawal of counsel which had been addressed in Rule 9 of the Uniform Rules for Circuit and Chancery Courts. The new Rule is based upon DR2- 2110 of the Code of Professional Conduct [superseded].
Reporter’s Notes, 1987 Amendment: As adopted in 1984, Rule 64 dealt only with withdrawal of counsel, a topic also covered by Rule 9 of the Uniform Rules for Circuit and Chancery Court. The 1987 amendment addresses the employment of additional counsel, an issue heretofore covered by Rule 8 of the Uniform Rules. The amendment makes no change in existing law.
Reporter’s Notes (2017): Subdivision (a) was amended to add, "Except as provided in Rule 87 of these rules," upon the adoption of Rule 87.
Plain-English Summary
Rule 64 handles two everyday but consequential events in a case: a new lawyer coming in, and a lawyer stepping out. Section (a) is the simpler of the two -- when additional counsel is retained, that lawyer must promptly have the clerk enter their name as an attorney of record and must promptly tell both the court and opposing counsel of the new appearance. The point is to keep the record and the other side current on who is handling the case, since deadlines, notices, and service all depend on knowing that.
Section (b) is where the rule does its real work. Except where Rule 87 applies, a lawyer cannot drop a case unilaterally -- withdrawal requires the court's permission, and permission is not automatic. The lawyer has to show good cause and satisfy three conditions: reasonable steps to avoid foreseeable prejudice to the client, including notice and time to find new counsel; delivery, or readiness to deliver, all papers and property the client is entitled to; and repayment, or readiness to repay, any unearned portion of a fee paid in advance. Those requirements exist to keep a client from being abandoned mid-case with no lawyer, no file, and no refund.
The rule was added in 1984 to move requirements that had lived in the local uniform court rules into the statewide civil procedure rules, and the 1987 amendment folded in the companion rule on adding counsel so both halves of a representation change are addressed in one place. The 2017 amendment cross-references Rule 87, which now separately addresses limited-scope representation, so a lawyer appearing for a defined, limited purpose under that rule is not automatically bound by Rule 64's general withdrawal procedure.
Frequently Asked Questions
Does a new lawyer joining a case need the court's permission?
No. Section (a) only requires the new lawyer to promptly enter an appearance with the clerk and notify the court and opposing counsel -- there is no permission step for adding counsel, unlike withdrawal.
Can a lawyer withdraw from a case just by notifying the client?
No, not under the general rule. Section (b) requires the court's permission, which the lawyer gets by motion showing good cause, including that the client will not be left without notice, time to find new counsel, their file and property, and any unearned fee.
What has to be in a motion to withdraw as counsel?
The motion must show the lawyer has taken reasonable steps to avoid foreseeable prejudice to the client -- such as giving notice and time to hire new counsel -- has delivered or stands ready to deliver the client's papers and property, and has refunded or stands ready to refund any unearned fee.
Does Rule 64 apply to a lawyer who only appears for a limited purpose?
Not automatically. The 2017 amendment added a cross-reference exempting representations governed by Rule 87, which addresses limited-scope appearances, from Rule 64's general withdrawal procedure.
Why does the rule require a lawyer to be ready to refund fees before withdrawing?
Because a client who loses their lawyer mid-case should not also be left having paid in advance for work that will never happen. Requiring the lawyer to refund or stand ready to refund any unearned portion protects the client financially at the same moment they are losing their legal representation.
Source & verification. Rule text, Reporter's Notes, and amendment
history are reproduced verbatim from the Arkansas Rules of Civil Procedure, prescribed by
the Arkansas Supreme Court. The plain-English summary is original and written by us.
Last verified July 13, 2026. ·
Official source
Also known as: withdrawal of counsel arkansasarkansas rule 64ar civ p 64attorney withdrawal arkansas civil casesubstitution of counsel arkansasentry of appearance arkansaspermission to withdraw as attorney arkansas