Forms

To prepare a Motion to Withdraw without the consent of client click:Motion and Order to Withdraw

We follow a practice of NOT requesting oral argument for the motion, but we advise the client in a letter to file a request for oral argument if they intend to file an opposition to the motion to withdraw.  Letter to Client Enclosing Motion to Withdraw

Withdrawal of counsel is governed by the Arizona Rules of Cvil Procedure as well as the Probate Rules.  Under the Arizona Rules of Civil Procedure, if the client does not agree to the withdrawal, the motion must be made and a copy sent to all parties in the case.

 

The Probate Rules of Procedure (Rule 10(D) provide that a lawyer withdrawing from the representation of a fiduciary must file a status report that advises the court and parties of any issues pending in the probate case and informs the court and parties whether, to the best of the attorney's knowledge, all required guardian reports, inventories, accountings, and other similar required reports have been filed.

Status Report of Atty for Fiduciary

ARCP

The applicable Arizona Rule of Civil Procedure is 16 A.R.S. Rules of Civil Procedure, Rule 5.1:

(a) Attorney of Record: Withdrawal and Substitution of Counsel.


(1) Attorney of Record: Duties of Counsel. No attorney shall appear in any action or file anything in any action without first appearing as counsel of record. In any matter, even if it has proceeded to judgment, there must be a formal substitution or association of counsel before any attorney, who is not an attorney of record, may appear. An attorney of record shall be deemed responsible as attorney of record in all matters before and after judgment until the time for appeal from a judgment has expired or a judgment has become final after appeal or until there has been a formal withdrawal from or substitution in the case.


(2) Withdrawal and Substitution. Except where provided otherwise in any local rules pertaining to domestic relations cases, no attorney shall be permitted to withdraw, or be substituted, as attorney of record in any pending action except by formal written order of the court, supported by written application setting forth the reasons therefor together with the name, residence and telephone number of the client, as follows:


(A) Where such application bears the written approval of the client, it shall be accompanied by a proposed written order and may be presented to the court ex parte. The withdrawing attorney shall give prompt notice of the entry of such order, together with the name and residence of the client, to all other parties or their attorneys.


(B) Where such application does not bear the written approval of the client, it shall be made by motion and shall be served upon the client and all other parties or their attorneys. The motion shall be accompanied by a certificate of the attorney making the motion that (i) the client has been notified in writing of the status of the case including the dates and times of any court hearings or trial settings, pending compliance with any existing court orders, and the possibility of sanctions, or (ii) the client cannot be located or for whatever other reason cannot be notified of the pendency of the motion and the status of the case.


(C) No attorney shall be permitted to withdraw as attorney of record after an action has been set for trial, (i) unless there shall be endorsed upon the application therefor either the signature of a substituting attorney stating that such attorney is advised of the trial date and will be prepared for trial, or the signature of the client stating that the client is advised of the trial date and has made suitable arrangements to be prepared for trial, or (ii) unless the court is satisfied for good cause shown that the attorney should be permitted to withdraw.


(b) Responsibility to Court. Each attorney shall be responsible for keeping advised of the status of cases in which that attorney has appeared, or their positions on the calendars of the court and of any assignments for hearing or argument. Upon relocation, each attorney shall advise the clerk of court and court administrator, in each of the counties in which that attorney has cases that are pending, of the attorney's current office address and telephone number.


(c) Notice of Settlement. It shall be the duty of counsel, or any party if unrepresented by counsel, to give the judge or the commissioner assigned the case or matter, the clerk of court and court administrator prompt notice of the settlement of any case or matter set for trial, hearing or argument before the trial, hearing, argument or matter awaiting court ruling. In the event of any unreasonable delay in the giving of such notice, the court may impose sanctions against counsel or the parties to insure future compliance with this rule. Jury fees may be taxed as costs pursuant to statute and local rule.


CREDIT(S)

Added Oct. 10, 2000, effective Dec. 1, 2000.

The Arizona Rules of Civil Procedure also provide a special rule governing the withdrawal of an attorney hired for limited representation in Adult Exploitation Actions under 46-451:

 

Rule 5.2. Limited Scope Representation in Vulnerable Adult Exploitation Actions Brought under A.R.S. § 46-451, et seq.




(a) Limited Appearance. An attorney may make a limited appearance on behalf of a claimant in a vulnerable adult exploitation action brought under A.R.S. § 46-451, et seq., by filing and serving a Notice of Limited Scope Representation in the form prescribed in Rule 84, Form 8. The notice shall:


(1) state that the attorney and the party have a written agreement that the attorney will provide limited scope representation to the party for the purpose of representing the party in such an action; and


(2) specify the matters, hearings or issues with regard to which the attorney will represent the party.


(b) Service; Limits on Scope of Appearance. Service on an attorney making a limited appearance on behalf of a party shall constitute effective service on that party under Rule 5(c) with respect to all matters in the action, but shall not extend the attorney's responsibility for representing the party beyond the specific matters, hearings or issues for which the attorney has appeared. Nothing in this Rule shall limit an attorney's ability to provide limited services to a client without appearing of record in any judicial proceedings.


(c) Withdrawal. Upon an attorney's completion of the representation specified in the Notice of Limited Scope Representation, the attorney may withdraw from the action as follows:


(1) With Consent. If the client consents to withdrawal, the attorney may withdraw from the action by filing a Notice of Withdrawal with Consent, signed by both the attorney and the client, stating: (i) the attorney has completed the representation specified in the Notice of Limited Scope Representation and will no longer be representing the party; and (ii) the last known address and telephone number of the party who will no longer be represented. The attorney shall serve a copy of the notice on the party who will no longer be represented and on all other parties. The attorney's withdrawal from the action shall be effective upon the filing and service of the Notice of Withdrawal with Consent.


(2) Without Consent. If the client does not consent to withdrawal or sign a Notice of Withdrawal with Consent, the attorney may file a motion to withdraw, which shall be served upon the client and all other parties, along with a proposed form of order.


(i) If no objection is filed within ten (10) days from the date the motion is served on the client, the court shall sign the order unless it determines that good cause exists to hold a hearing on whether the attorney has completed the limited scope representation for which the attorney has appeared. If the court signs the order, the withdrawing attorney shall serve a copy of the order on the client. The withdrawing attorney also shall promptly serve a written notice of the entry of such order, together with the name, last known address and telephone number of the client, on all other parties.


(ii) If an objection is filed within ten (10) days of the service of the motion, the court shall conduct a hearing to determine whether the attorney has completed the limited scope representation for which the attorney appeared.


(d) Experimental Rule. This rule shall be deemed experimental in nature and shall be reviewed in approximately four years by a committee to be appointed by the Supreme Court.


CREDIT(S)

Added Sept. 16, 2008, effective Jan. 1, 2009.

RPP

17B A.R.S. Rules Probate Procedure, Rule 10(D), provides as follows:

2. In addition to the requirements set forth in Arizona Rule of Civil Procedure RULE 5.1, an attorney who has appeared in a probate case as counsel of record for a guardian, conservator, personal representative, or trustee shall include with any motion to withdraw a status report that advises the court and parties of any issues pending in the probate case and informs the court and parties whether, to the best of the attorney's knowledge, all required guardian reports, inventories, accountings, and other similar required reports have been filed.