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Rule 4.3 – Withdrawal

May 11, 2021 | Civil Procedure, Georgia

(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.
(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, )
) CIVIL ACTION
v. )
) FILE NO. 20-CV-0000
DAVID ROBICHEAUX )
)
Defendant. )

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.

Ga. R. Sup. Ct. 4.3

Amended effective October 9, 1997; amended November 4, 1999, effective December 16, 1999; amended May 15, 2014.