Withdrawing as Counsel of Record in New York State Court

by Practical Law Litigation

A Practice Note examining the key issues for an attorney seeking to withdraw as counsel of record in New York state court under Civil Practice Law and Rules (CPLR) 321. This Practice Note explains the requirements for making a motion to withdraw, including the applicable rules courts consider, such as the "good cause" standard and the standards set out in the Rules of Professional Conduct (NY ST RPC), particularly Rule 1.16. It also details the obligations of a withdrawing attorney. This Practice Note discusses common grounds upon which courts grant or deny these motions, providing insight into judicial treatment of issues like irreconcilable differences, a client's failure to cooperate, and nonpayment of fees. It addresses additional considerations that arise when moving to withdraw, such as preserving the attorney-client privilege, the limited rights of opposing counsel, and the complexities surrounding a stay of proceedings under CPLR 321(c). Finally, this Practice Note explores the role of the retainer agreement in the withdrawal process.