1) An attorney appearing of record in any matter pending in any superior court, who wishes to withdraw as counsel for any party, shall submit a written request to an appropriate judge of the court for an order permitting such withdrawal. The request shall state that the attorney has given written notice to the affected client setting forth the attorney’s intent to withdraw, that 10 days have expired since notice, and there has been no objection, or that withdrawal is with the client’s consent. The request will be granted unless in the judge’s discretion to do so would delay the trial or otherwise interrupt the orderly operation of the court or be manifestly unfair to the client.
Rule 4.3.Withdrawal
Rule 4. ATTORNEYS APPEARANCE, WITHDRAWAL AND DUTIES · Last amended 2014 · Last verified July 17, 2026
In one sentenceRule 4.3 requires an attorney who wants to leave a Georgia superior court case to obtain court permission, give the client written notice and ten days to object unless the client consents, and file proof the notice was given, though a substitution of counsel skips most of that process.
Full Text of Rule 4.3
(2) The attorney requesting an order permitting withdrawal shall give notice to opposing counsel and shall file with the clerk and serve upon the client, personally or at that client’s last known mailing and electronic addresses, the notice which shall contain at least the following information:
(A) the attorney wishes to withdraw;
(B) the court retains jurisdiction of the action;
(C) the client has the burden of keeping the court informed where notices, pleadings or other papers may be served;
(D) the client has the obligation to prepare for trial or hire new counsel to prepare for trial, when the trial date has been scheduled and to conduct and respond to discovery or motions in the case;
(E) 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) dates of any scheduled proceedings, including trial, and that holding of such proceedings will not be affected by the withdrawal of counsel;
(G) service of notices may be made upon the client at the client’s last known mailing address;
(H) if the client is a corporation, that a corporation may only be represented in court by an attorney, that an attorney must sign all pleadings submitted to the court, and that a corporate officer may not represent the corporation in court unless that officer is also an attorney licensed to practice law in the state of Georgia or is otherwise allowed by law; and
(I) unless the withdrawal is with the client’s consent, the client’s right to object within 10 days of the date of the notice, and provide with specificity when the 10th day will occur. The attorney requesting to withdraw shall prepare a written notification certificate stating that the notification requirements have been met, the manner by which notification was given to the client and the client’s last known mailing and electronic addresses and telephone number. The notification certificate shall be filed with the court and a copy mailed to the client and all other parties. Additionally, the attorney seeking withdrawal shall provide a copy to the client by the most expedient means available due to the strict 10-day time restraint, i.e., e-mail, hand delivery, or overnight mail. After the entry of an order permitting withdrawal, the client shall be notified by the withdrawing attorney of the effective date of the withdrawal; thereafter all notices or other papers shall be served on the party directly by mail at the last known mailing address of the party until new counsel enters an appearance. (3) When an attorney has already filed an entry of appearance and the client wishes to substitute counsel, it will not be necessary for the former attorney to comply with rule 4.3 (1) and (2). Instead, the new attorney may file with the clerk of court a notice of substitution of counsel signed by the party and the new attorney. The notice shall contain the style of the case and the name, address, phone number and bar number of the substitute attorney. The new attorney shall serve a copy of the notice on the former attorney, opposing counsel or party if unrepresented, and the assigned judge. No other or further action shall be required by the former attorney to withdraw from representing the party. The substitution shall not delay any proceeding or hearing in the case. The notice may be in substantially the following form:
IN THE SUPERIOR COURT OF _______________ COUNTY STATE OF GEORGIA
SAM SPADE, ) Plaintiff, ) v. DAVID ROBICHEAUX, )
Defendant. ) CIVIL ACTION
)
) FILE NO. 20-CV-0000
)
)
)
NOTICE OF SUBSTITUTION OF COUNSEL
Please substitute (name of substitute counsel) as counsel for (name of party) in this case. Substitute counsel’s address, phone number and bar number are as follows: _________________________________________________________________________.
All further pleadings, orders and notices should be sent to substitute counsel.
This ____ day of __________, ____.
signature signature Name of new attorney Name of party Address Address Phone number Phone number State Bar #
CERTIFICATE OF SERVICE
Certificate of service on: former counsel, opposing counsel or party, assigned judge.
Plain-English Summary
Leaving a case isn’t as simple as sending a letter. Rule 4.3 requires an attorney who wants out to file a written request with the court, and that request must show the client already got written notice of the intent to withdraw, that ten days have passed with no objection, or that the client consented outright. Even then, the judge has discretion to say no — if withdrawal would delay the trial, disrupt the court’s orderly operation, or be manifestly unfair to the client, the request can be denied.
Notifying the client isn’t the only duty the rule imposes. The attorney requesting the withdrawal must also give notice to opposing counsel — a separate, mandatory step from the detailed notice filed with the clerk and served on the client. The notice to the client has to do more than announce the lawyer is leaving. It must spell out that the court keeps jurisdiction over the case, that the client now carries the burden of staying reachable and prepared for trial or discovery, what can go wrong if the client drops that ball, and — for a corporate client — that a corporation can only appear in court through a licensed attorney. The withdrawing lawyer certifies to the court, in writing, that all of this notice was given and how, then keeps the client posted once the withdrawal order issues.
When the goal is changing lawyers rather than leaving the case unrepresented, Rule 4.3 offers a shortcut. The new attorney files a signed notice of substitution of counsel — no ten-day waiting period, no detailed notice letter — and serves it on the outgoing lawyer, the opposing side, and the judge. The rule even supplies a sample form for that notice, and it makes clear the substitution should not slow down any hearing or proceeding already scheduled.
Frequently Asked Questions
How much notice must the client receive before a withdrawal request is filed?
The client must receive written notice of the attorney’s intent to withdraw, and the request to the court must show that ten days have passed since that notice with no objection, or that the client consented to the withdrawal.
Must the withdrawing attorney notify opposing counsel, or is notice to the client enough?
Both are required. The attorney requesting the withdrawal order must give notice to opposing counsel, in addition to filing the detailed notice with the clerk and serving it on the client — the rule treats notice to opposing counsel as a separate, mandatory step.
What topics must the withdrawal notice served on the client cover?
It must tell the client that the attorney wishes to withdraw, that the court retains jurisdiction, the client’s burden to stay informed and prepared for trial or discovery, the consequences of failing to do so, scheduled proceeding dates, how service will be made, the rule on corporate representation, and the client’s right to object within ten days.
Is a judge required to grant a withdrawal request that meets all the notice requirements?
No. The court can still deny it if granting the request in its discretion would delay the trial, interrupt the orderly operation of the court, or be manifestly unfair to the client.
What if a client just wants to hire a different lawyer rather than go unrepresented?
The new attorney can file a signed notice of substitution of counsel instead, without the former attorney needing to comply with the full notice-and-waiting-period process, and the substitution should not delay the case.
Amendment History
Amended effective October 9, 1997; amended November 4, 1999, effective December 16, 1999; amended May 15, 2014.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Uniform Superior Court Rules, published by the
Council of Superior Court Judges of Georgia. Last verified July 17, 2026.
· Official source
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