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When does an attorney need a judge's permission to withdraw?

Raleigh, NC |

When does an attorney need a judge's permission to withdraw in federal court?

Attorney Answers 2


Generally, an attorney must seek an order allowing withdraw once they have made a formal appearance in the case. For example, this would be the case if the attorney signed and filed the Complaint, or if they entered a Notice of Appearance in an already pending action.

This information is provided for general purposes only and should not be construed as legal advice. No attorney-client relationship is created with the furnishing of this advice. Attorney licensed in North Carolina only.

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Generally, once litigation has begun (a complaint has been filed.) However, most of these requests are granted as matter of course. There will need to be some concern on the part of the judge that the party will be harmed if the lawyer is allowed to withdraw.

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