Rule 117: Withdrawal of Attorney

(a)   Withdrawal of Attorney When Client Will Be Left Without Counsel. When withdrawal of an attorney who has appeared of record in a proceeding will leave the client without counsel, the attorney may withdraw only when:

(1)   the attorney has served a motion for withdrawal on the client—and on all counsel of record and unrepresented parties not in default for failure to appear—that:

(A)   states the reasons for the withdrawal, unless doing so would violate an applicable standard of professional conduct;

(B)   provides evidence that the withdrawing attorney provided the client:

(i)   an admonition that the client is personally responsible for complying with all orders of the court and time limitations established by the rules of procedure or by court order; and

(ii)   notice of the date of any pending trial, hearing, conference, or deadline; and

(C)   provides the court with a current mailing address and telephone number for the client, if known;

(2)   the attorney has filed a copy of the motion and proof of service; and

(3)   the court issues an order approving the withdrawal.

(b)   Withdrawal of Attorney When Client Continues to Be Represented by Other Counsel of Record. When the client will continue to be represented by other counsel of record, an attorney may withdraw without a court order by filing a notice of withdrawal of appearance. The notice must:

(1)   identify the attorney of record admitted to practice law in Kansas who will continue to represent the client; and

(2)   be served on the client and all counsel of record and unrepresented parties not in default for failure to appear.

(c)   Withdrawal of Attorney When Client Will Be Represented by Substituted Counsel. An attorney may withdraw without court order upon simultaneous substitution of counsel admitted to practice law in Kansas by:

(1)   filing a notice of withdrawal of counsel and entry of appearance of substituted counsel signed by both the attorney withdrawing and the attorney to be substituted as counsel; and

(2)   serving the notice on the client and all counsel of record and unrepresented parties not in default for failure to appear.

[History: Am. effective September 8, 2006; Restyled rule and amended effective July 1, 2012.]