Title XVI: Withdrawal of Attorney- Amended 7-6-09

16.0  Agreed Withdrawal – Motion Required

            A.  Filing Requirements

An attorney seeking to withdraw as counsel in a pending case shall present a filed motion and a proposed entry to the assigned judge or magistrate.  The motion and proposed entry shall be served on all parties in accordance with the Ohio Rules of Civil Procedure.                              

The motion and proposed entry shall contain the following:

             

1. Date and time of any scheduled hearings and all deadlines previously established by the Court;
2. Reasons for withdrawal;
3. Statement that the client has been advised to promptly obtain new counsel;
4. Statement that a continuance of any pending hearings must be specifically and/or separately requested and will not automatically be granted solely for the reason of change of counsel;
5. Signature of the client on the proposed entry indicating agreement with the motion seeking the Court’s permission to withdraw; and
6. Address of the client whose attorney is withdrawing.

B.  Court’s Response

The Court may grant the motion without a hearing.  The Court will promptly notify counsel if a hearing is to be scheduled.  Once the judge or magistrate has ruled upon the motion, the Court will send a copy of the Entry to all attorneys and the client who requested the filing of the motion.

C.  Oral Motion

The Court may entertain an oral motion to withdraw if counsel who is requesting to withdraw and the client are present.  Absent an extraordinary circumstance the Court will not entertain such an oral motion.

An extraordinary circumstance includes, but is not limited to, a client discharging counsel.        

 

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