Texas Motion to Withdraw as Counsel: Rule 10, Hearing, and Order

A Texas attorney who needs off a case files a written Texas motion to withdraw as counsel under Texas Rule of Civil Procedure 10, showing good cause and giving the court specific information about the client and every upcoming deadline. Filing does not end the representation. Only the judge’s signed order does that, and until it is entered the attorney remains counsel of record and answerable for every setting.

When Texas Ethics Rules Let You Withdraw

Texas Disciplinary Rule of Professional Conduct 1.15 splits withdrawal into two categories: situations where a lawyer has no choice, and situations where the lawyer has discretion.

Withdrawal is mandatory when continuing the representation would violate the rules of professional conduct or other law, when the lawyer’s physical or mental condition seriously impairs their ability to handle the case, or when the client fires the lawyer.¹

Permissive withdrawal covers a broader range of problems. A lawyer may seek to withdraw when the client refuses to pay agreed-upon fees after a warning, insists on a course of action the lawyer finds deeply objectionable, uses the lawyer’s services to commit fraud, or makes the representation unreasonably difficult or financially burdensome. A catch-all provision also allows withdrawal for “other good cause.”¹

One important guardrail sits inside the same rule. Under 1.15(c), a lawyer must continue the representation if the tribunal orders it, regardless of whether good cause for withdrawal exists.¹ Good reasons are not automatic permission, and this typically bites when trial is close and no replacement counsel is available.

What Rule 10 Requires in the Motion

Texas Rule of Civil Procedure 10 sets out exactly what belongs in the motion, and the required contents depend on whether a new attorney is stepping in.

Motion Without a Substitute Attorney

If the client will not have a replacement lawyer, the motion must state:

That a copy of the motion has already been delivered to the client.
That the client has been notified in writing of the right to object to the withdrawal.
Whether the client consents to the withdrawal.
The client’s last known address, telephone number, and email address.
All pending court settings and deadlines in the case.

Delivery to the client must happen either in person or by mailing the motion to the client’s last known address using both certified mail and regular first-class mail, not one or the other.² Skipping either method is one of the easiest ways to have the motion kicked back.

Motion With a Substitute Attorney

If the client already has new counsel lined up, the motion instead must include the substitute attorney’s name, address, phone number, email, fax number (if any), and State Bar of Texas identification number. It must also state that the client approves the substitution and that the withdrawal is not being sought for delay.² This version is often titled “Motion to Substitute Counsel” and typically carries signatures from both the outgoing and incoming attorneys.

Stating Good Cause Without Breaking Privilege

The motion needs enough for the judge to find good cause without revealing privileged or confidential client information. Something like “irreconcilable differences regarding litigation strategy” or “client has failed to fulfill financial obligations despite written warning” usually satisfies the good-cause requirement without exposing anything sensitive.

The list of pending settings and deadlines is not filler. It is what lets the judge assess whether the client will be harmed by the timing of the withdrawal, so include trial dates, hearing dates, mediation sessions, discovery deadlines, and any pending motions. If the withdrawing attorney is the attorney in charge and another attorney on the case will remain, the motion must designate a new attorney in charge.²

Filing and Serving the Motion

Texas courts require electronic filing through eFileTexas, the state’s official e-filing system.³ Select the correct filing code for a motion and submit through one of the available electronic filing service providers. Filing fees vary by court, though they are relatively small for a motion. Confirming the exact fee with the court or the EFSP before submitting avoids a returned filing.

Once the motion is filed, copies must go to every other party. Under Texas Rule of Civil Procedure 21a, an electronically filed document must be served electronically through the filing manager if the other party’s or attorney’s email address is on file with the system. Where the email is not on file, service can be made in person, by mail, by commercial delivery, by fax, or by email.⁴ If a party does not have an attorney, the motion goes directly to their last known mailing address. Attach a certificate of service documenting how and when each party was served.

Some courts also want a hard copy, sometimes called a “judge’s copy,” delivered to the judge’s chambers. Practices vary by court and by judge. A quick call or email to the court coordinator confirms whether a courtesy copy is expected and keeps the motion from sitting in the electronic queue unnoticed.

Getting the Order Signed

Filing does not free the attorney. The withdrawal becomes effective only when the judge signs a written order granting it.⁵

When a Hearing Is Required

If the client objects, or if the timing raises concerns about prejudice to the client or disruption to the court’s schedule, the judge will set a hearing. At the hearing the attorney must show good cause for leaving while still protecting client confidences. The judge weighs how close the case is to trial, whether the client will have time to find new counsel, and whether the withdrawal will cause unfair disadvantage.

Requests made close to trial face serious scrutiny. Many Texas courts will not allow an attorney to withdraw within 30 days of trial without strong justification.⁶ Judges view last-minute departures skeptically because they can force continuances and waste court resources.

When No Hearing Is Needed

A judge may grant the motion without scheduling a hearing under certain conditions:

The client signed the motion or the proposed order, consenting to the withdrawal.
A new attorney has already entered an appearance on behalf of the client.
The motion is accompanied by a letter notifying the client of the right to object within 10 days, the attorney certifies the motion and letter were sent by both certified and regular first-class mail, and no objection is filed within that window.⁶

The third path is the most common route for uncontested withdrawals where the client has simply stopped communicating. The 10-day window gives the client a fair chance to respond before the court acts.

If the Judge Denies the Motion

When a court denies the motion, the attorney stays in the case and keeps handling it. Rule 1.15(c) says so directly: a lawyer must continue representation when the tribunal orders it, even if good cause for withdrawal exists.¹ The motion can be refiled later if circumstances change, for example once the case passes a critical deadline that was driving the denial.

After the Order Is Signed

Granting of the withdrawal triggers several immediate obligations.

The attorney must notify the client in writing of any additional court settings or deadlines that have come up since the motion was filed and that the client does not already know about.² The court may also impose additional conditions on the withdrawal beyond what Rule 10 requires.

The attorney must also take reasonable steps to protect the client’s interests during the transition. Under Rule 1.15(d), this includes surrendering papers and property the client is entitled to and refunding any advance payment of fees that has not been earned.¹ The attorney may keep papers as security for unpaid fees only if permitted by other law and only if withholding them will not hurt the client’s case. In practice, an attorney owed money cannot hold a client’s original documents hostage while active litigation needs them.

The refund duty applies regardless of why the representation ended. If the attorney collected a flat fee or retainer and did not perform all the work it was meant to cover, the unearned portion goes back to the client. Texas ethics opinions have long held that this duty exists whether the attorney was fired, withdrew voluntarily, or left for mandatory reasons.

Once the order is entered, future court notices go directly to the client’s last known address rather than through the attorney. A client who does not promptly hire new counsel becomes responsible for tracking every deadline and appearing at every setting.

Where to Find Templates

No single statewide form is mandated for every Texas court, but usable templates exist. TexasLawHelp.org provides general guidance on e-filing and court forms for Texas litigants.³ County law libraries often keep sample motions to withdraw that follow local formatting preferences. Some counties publish downloadable forms; Dallas County, for example, provides a Motion to Substitute Counsel template for retained attorneys.⁷ Whichever template is the starting point, verify that it includes every element Rule 10 requires before filing.

A complete motion typically contains the case cause number, court designation, full names of all parties, the attorney’s State Bar number, and the factual basis for good cause. It concludes with a proposed order for the judge to sign, a certificate of service, and, when no new attorney is substituting, a statement that the client was notified by both certified and regular mail of the right to object.

1
University of Houston Law Center. Texas Disciplinary Rules of Professional Conduct – Rule 1.15 Declining or Terminating Representation
2
Supreme Court of Texas. Texas Rules of Civil Procedure – Rule 10
3
Texas Law Help. How to E-File
4
South Texas College of Law Houston. Texas Rule of Civil Procedure 21a – Methods of Service
5
South Texas College of Law Houston. Texas Rules of Civil Procedure Rule 10 – Withdrawal of Attorney
6
City of Canyon. Attorney Withdrawals
7
Dallas County. Motion to Substitute Counsel