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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?

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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.


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.

For a free consultation related to medical malpractice, personal injury, workers' compensation, social security disability or nursing home abuse, please contact Lowenthal & Abrams, PC at 1-800-876-5299. I am licensed in Pennsylvania, but members of my firm are licensed in Pennsylvania, New Jersey and New York. This post is not legal advice, but instead contains general educational information. Please do not act or refrain from acting based upon what you read in this post. Also please remember that this post does not form an attorney/client relationship between you and me. If you have specific legal questions, you should contact an attorney in your state for assistance. I am licensed to practice law in the state of Pennsylvania.

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