WA · rules
Wash. Civ. R. Cts. Ltd. Juris. 71
Withdrawal by Attorney
(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attorney has withdrawn in the manner provided in sections (b), (c), and (d).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 September 1, 1984; Amended effective September 1, 1989; September 1, 1990.]
Provenance
- Source
- www.courts.wa.gov
- Retrieved
- 2026-09-16
- Edition
- 2026-09-16
- Content hash
66f06ba532be15a38b4fb66ae09c7a2073bc454070cca1979af3fb6c9675ce3f
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