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WA · rules

Wash. Super. Ct. Civ. R. 71

Withdrawal by Attorney

activein force · 1990-09-01 – presentact-effective-date

(a) Withdrawal by Attorney. Service on an attorney who has appeared for a party in a

civil proceeding shall be valid to the extent permitted by statute and rule 5(b) only until the

attorney has withdrawn in the manner provided in sections (b), (c), and (d). Nothing in this rule

defines the circumstances under which a withdrawal might be denied by the court.

(b) Withdrawal by Order. A court appointed attorney may not withdraw without an

order of the court. The client of the withdrawing attorney must be given notice of the motion to

withdraw and the date and place the motion will be heard.

(c) Withdrawal by Notice. Except as provided in sections (b) and (d), an attorney may

withdraw by notice in the manner provided in this section.

(1) Notice of Intent To Withdraw. The attorney shall file and serve a Notice of Intent To

Withdraw on all other parties in the proceeding. The notice shall specify a date when the attorney

intends to withdraw, which date shall be at least 10 days after the service of the Notice of Intent

To Withdraw. The notice shall include a statement that the withdrawal shall be effective without

order of court unless an objection to the withdrawal is served upon the withdrawing attorney

prior to the date set forth in the notice. If notice is given before trial, the notice shall include the

date set for trial. The notice shall include the names and last known addresses of the persons

represented by the withdrawing attorney, unless disclosure of the address would violate the Rules

of Professional Conduct, in which case the address may be omitted. If the address is omitted, the

notice must contain a statement that after the attorney withdraws, and so long as the address of

the withdrawing attorney's client remains undisclosed and no new attorney is substituted, the

client may be served by leaving papers with the clerk of the court pursuant to rule 5(b)(1).

(2) Service on Client. Prior to service on other parties, the Notice of Intent To Withdraw

shall be served on the persons represented by the withdrawing attorney or sent to them by

certified mail, postage prepaid, to their last known mailing addresses. Proof of service or mailing

shall be filed, except that the address of the withdrawing attorney's client may be omitted under

circumstances defined by subsection (c)(1) of this rule.

(3) Withdrawal Without Objection. The withdrawal shall be effective, without order of

court and without the service and filing of any additional papers, on the date designated in the

Notice of Intent To Withdraw, unless a written objection to the withdrawal is served by a party

on the withdrawing attorney prior to the date specified as the day of withdrawal in the Notice of

Intent To Withdraw.

(4) Effect of Objection. If a timely written objection is served, withdrawal may be

obtained only by order of the court.

(d) Withdrawal and Substitution. Except as provided in section (b), an attorney may

withdraw if a new attorney is substituted by filing and serving a Notice of Withdrawal and

Substitution. The notice shall include a statement of the date on which the withdrawal and

substitution are effective and shall include the name, address, Washington State Bar Association

membership number, and signature of the withdrawing attorney and the substituted attorney. If an

attorney changes firms or offices, but another attorney in the previous firm or office will become

counsel of record, a Notice of Withdrawal and Substitution shall nevertheless be filed.

History

[Adopted effective July 1, 1967; Amended effective July 1, 1976; October 11, 1985; September 1, 1990.]

Provenance

Source
www.courts.wa.gov
Retrieved
2026-09-16
Edition
2026-09-16
Content hash
66f06ba532be15a38b4fb66ae09c7a2073bc454070cca1979af3fb6c9675ce3f
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Wash. Super. Ct. Civ. R. 71 — Withdrawal by Attorney · binding.law