SECTION 159.51. Withdrawal of Counsel


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  • (a) An attorney may seek to withdraw from representing a defendant only upon written motion for good cause shown. If another attorney is to be substituted as attorney for the defendant, the motion shall state the substituted attorney's name, address, telephone number, and telecopier number and state that the attorney approves the substitution.

    (b) If the defendant has no substitute attorney, the withdrawing attorney must include the defendant's last known address and a statement indicating whether the defendant consents to the withdrawal. If defendant does not consent to the withdrawal, the attorney also must affirm that the defendant has been informed of the right to object to the motion.

    (c) If the motion to withdraw is granted, the withdrawing attorney shall immediately forward the notice of hearing, all additional information about settings and deadlines, and any discovery obtained for the case to a self-represented defendant or to the substitute attorney for a defendant who is represented.

Source Note: The provisions of this §159.51 adopted to be effective January 20, 2009, 34 TexReg 330; amended to be effective January 1, 2017, 41 TexReg 9459