§ 6-1406.Withdrawal of counsel.
Article 14: Uniform County Court Rules of Practice and Procedure · Last amended January 1, 2022 · Last verified July 22, 2026
Full Text of § 6-1406
Amendment History
Rule 6 amended November 1991. Renumbered and codified as § 6-1406, effective July 18, 2008; § 6-1406 amended June 9, 2021, effective January 1, 2022; § 6-1406 amended November 17, 2021, effective January 1, 2022.
Plain-English Summary
An attorney does not walk away from a case without process. Section 6-1406 requires a motion for leave to withdraw, notice to the client and all counsel involved, and proof that the motion was served on opposing counsel and the client. The motion itself has to certify that service happened, list the client’s current mailing address, and say whether a hearing is already scheduled in the case. The court grants leave only for good cause shown.
Those requirements exist for the client’s protection as much as the court’s. A client should not find out their lawyer is gone only when a deadline is missed, and the court needs to know how to reach a now-unrepresented party. Listing whether a hearing is on the calendar also flags for the judge whether granting withdrawal might leave a party unprepared for an imminent date.
The rule handles the reverse situation too. When a client fires an attorney rather than the attorney asking to leave, the attorney has to promptly file notice of that discharge and serve it on opposing counsel and any self-represented parties, so the record — and the other side — stays current on who represents whom.
Frequently Asked Questions
Can my attorney withdraw from my case whenever they want?
No. The attorney needs the court’s leave, granted only for good cause, and must file a motion, a notice of hearing, and proof of service on the client and opposing counsel first.
What has to be in a motion to withdraw?
A certification that the motion was served on the client and all counsel or self-represented parties, the client’s current mailing address, and whether a hearing is already scheduled in the case.
What happens if I fire my attorney?
The attorney must promptly file notice of the discharge and serve it on opposing counsel and self-represented parties, so the case record reflects the change.
Does the client have to be notified before an attorney is allowed to withdraw?
Yes. Notice to the client is part of the withdrawal process, along with proof of service and a hearing on the motion.
Why does the withdrawal motion have to state whether a hearing is scheduled?
It lets the court weigh whether granting withdrawal so close to a scheduled hearing would leave a party without adequate representation.