In Michigan, a lawyer who has entered an appearance in a case cannot simply quit. Under Michigan Court Rule 2.117(C)(2), the attorney must file a motion to withdraw as counsel and obtain a court order before the representation ends.1Michigan Courts. Substitution or Withdrawal of Attorney The judge decides, and the decision turns largely on whether leaving would materially harm the client’s case.
Grounds a Lawyer Can Point To
Michigan Rule of Professional Conduct 1.16(a) lists three situations where withdrawal is mandatory: continuing would force the lawyer to violate the Rules of Professional Conduct or another law, a physical or mental condition seriously impairs the lawyer’s ability to do the work, or the client fires the lawyer.2Michigan Courts. Michigan Rules of Professional Conduct A mid-case conflict of interest under MRPC 1.7, or a situation where the lawyer must testify as a witness under MRPC 3.7, falls into the first category.
MRPC 1.16(b) covers the discretionary grounds. The most common ones:
- The client has substantially failed to pay fees after being warned that nonpayment would lead to withdrawal.
- The client wants the lawyer’s help with conduct the lawyer reasonably believes is criminal or fraudulent, or has already used the lawyer’s services to do so.
- The client insists on pursuing an objective the lawyer considers repugnant or imprudent.
- The representation has become an unreasonable financial burden, or the client has made it unreasonably difficult.
- Other good cause, such as a complete breakdown in communication or trust.
Even with a valid discretionary reason, the lawyer can only withdraw if doing so won’t cause a material adverse effect on the client’s interests, unless one of the specific grounds above applies.2Michigan Courts. Michigan Rules of Professional Conduct And the lawyer must tell the client that withdrawal from a pending case requires the court’s permission.
Filing the Motion
The lawyer drafts a motion explaining, usually in general terms, the reason for withdrawing, and files it with the court clerk. The client must be served with a copy and given notice of any hearing. That hearing gives the client a chance to respond, object, or start looking for a replacement. How formal it is depends on the judge and the complexity of the case.
Explanations tend to stay vague on purpose. The duty of confidentiality under MRPC 1.6 limits what a lawyer can tell the judge about the client. ABA Formal Opinion 519 states that unless the client consents or a specific exception applies, the lawyer cannot reveal confidential information in the withdrawal motion, and any explanation must be narrowly tailored.3American Bar Association. ABA Formal Opinion 519 Re: Disclosure of Information in a Motion to Withdraw If the client is puzzled by how little detail their lawyer offers the court, this is why.
How Judges Decide
The central question for the judge is whether the client’s case would be materially harmed by the lawyer’s departure. A motion filed early is far more likely to be granted, because the client has time to hire someone new. A motion filed weeks before trial is a much harder sell.
Judges look at how close the case is to trial or other important deadlines, whether the client can realistically find a replacement in time, how much disruption the switch would cause the court’s schedule, and whether the reason justifies those costs. The ABA comment on Rule 1.16 notes that a lawyer’s statement that “professional considerations require termination of the representation” should ordinarily be enough, but judges aren’t required to take the lawyer’s word when the timing is bad.4American Bar Association. Rule 1.16 Declining or Terminating Representation – Comment
If the motion is denied, the lawyer stays. Under MRPC 1.16(c), when a tribunal orders the lawyer to continue, the lawyer must keep representing the client even if good cause for leaving exists.5Michigan Courts. Substitution or Withdrawal of Counsel
What the Lawyer Owes After Withdrawal Is Granted
A granted motion doesn’t end the lawyer’s responsibilities immediately. MRPC 1.16(d) requires the withdrawing attorney to take reasonable steps to protect the former client’s interests: giving enough notice to find a replacement, turning over papers and property the client is entitled to, and refunding any unearned portion of prepaid fees.2Michigan Courts. Michigan Rules of Professional Conduct The comment to Rule 1.16 makes clear that even when the client fired the lawyer unfairly, the lawyer must still take all reasonable steps to minimize the consequences to the client.
What the Client Should Do Next
Once withdrawal is granted, the case is the client’s responsibility. Court deadlines, hearing dates, and filing obligations don’t pause because the lawyer left. Missing them risks default judgments in civil cases and bench warrants in criminal ones. Judges are generally unsympathetic to missed deadlines blamed on a gap in representation, so acting quickly matters more than anything else.
In criminal cases, a defendant who had privately retained counsel and can no longer afford a lawyer may qualify for a court-appointed attorney. When appointed counsel withdraws, MCR 2.117(C)(3) provides that substitute counsel files an appearance after receiving the assignment from the appointing authority.5Michigan Courts. Substitution or Withdrawal of Counsel
When the Client Is the One Making the Change
If you want to replace your lawyer rather than wait for them to withdraw, Michigan handles that through a substitution of attorney using SCAO Form MC 306. The new lawyer files the form, identifies who they’re replacing, and you sign to consent. A judge then enters an order approving the switch.6Michigan Courts. MC 306, Substitution of Attorney This is usually smoother than a contested withdrawal because both the client and the incoming lawyer want the same result. You need replacement counsel lined up first, since the form requires the new attorney’s information.
Limited Scope Representation Works Differently
Not every attorney exit requires a motion. If the lawyer entered a limited scope appearance under MCR 2.117(B)(2)(c), the withdrawal is handled by notice rather than motion. The lawyer files a notice of withdrawal stating the agreed-upon limited representation is complete, serves it on all parties, and includes a current address and phone number for the now-unrepresented client.1Michigan Courts. Substitution or Withdrawal of Attorney
If the client signs the notice, it takes effect immediately. If the client doesn’t sign, the withdrawal becomes effective 14 days after filing and service, unless the client objects in writing on the grounds that the lawyer didn’t finish the agreed work.7Michigan Courts. Stages of Limited Scope Representation