Withdrawal of Attorney

MN rule of practice 105 covers how to withdraw from a file. In Family cases, the court does not need to approve an attorney withdrawing and no reason needs to be given.

Steps to withdraw

1. Draft Notice of Withdrawal of Attorney (Use MyCase Template: FAM – Withdrawal of Attorney
   1. Must include address and phone number and, if possible, email address.
2. Draft Affidavit of Service by Mail to indicate we are mailing the Notice of Withdrawal to our client
3. E-file the Notice of Withdrawal and the Affidavit of Service by Mail
   1. If there is an opposing attorney, eserve on the opposing attorney
   2. If there is NOT an opposing attorney (opposing party is pro-se), you will need to mail the notice of withdrawal of attorney document to them, along with another (different) affidavit of service by mail indicating that you mailed the opposing party the withdrawal document. In that situation, you will need to e-file the Affidavit of Service by Mail that you sent to the opposing party.
4. Remove us from efiling.
5. Share the notice of withdrawal and affidavit(s) of mailing with the client via mycase.

NOTE:  It is an ethical violation to withdraw if done so so close to a hearing or other event that the client is prejudiced. 

Under the state rules there is no hard and fast # of days or weeks,but our internal policy is 30 days before a hearing anything else and it is requires special FLD Chair approval.