“The attorney in an action or special proceeding may be changed at any time before or after judgment or final determination, as follows: (1) Upon the consent of both client and attorney, filed with the clerk, or entered upon the minutes; (2) Upon the order of the court, upon the application of either client or attorney, after notice from one to the other.” (Code Civ. Proc., § 284.)

How to Structure the Motion

Rule 3-700(c) provides that “an attorney may withdraw based on any of the following:

1. The client
1. insists upon presenting a claim or defense that is not warranted under existing law and cannot be supported by good faith argument for an extension, modification, or reversal of existing law, or
2. seeks to pursue an illegal course of conduct, or
3. insists that the member pursue a course of conduct that is illegal or that is prohibited under these rules or the State Bar Act, or
4. by other conduct renders it unreasonably difficult for the member to carry out the employment effectively, or
5. insists, in a matter not pending before a tribunal, that the member engage in conduct that is contrary to the judgment and advice of the member but not prohibited under these rules or the State Bar Act,
6. breaches an agreement or obligation to the member as to expenses or fees.
2. The continued employment is likely to result in a violation of these rules or of the State Bar Act; or
3. The inability to work with co-counsel indicates that the best interests of the client likely will be served by withdrawal; or
4. The member's mental or physical condition renders it difficult for the member to carry out the employment effectively; or
5. The client knowingly and freely assents to termination of the employment; or
6. The member believes in good faith, in a proceeding pending before a tribunal, that the tribunal will find the existence of other good cause for withdrawal.”

(State Bar of California Rule 3-700(c).)

“A notice of motion and motion to be relieved as counsel under Code of Civil Procedure section 284(2) must be directed to the client and must be made on the 'Notice of Motion and Motion to Be Relieved as Counsel-Civil' (form MC-051).” (Cal. Rules of Court 3.1362(a).) “The notice of motion and motion, the declaration, and the proposed order must be served on the client and on all other parties who have appeared in the case. The notice may be by personal service, electronic service, or mail.”

The proposed order relieving counsel “must be prepared on the 'Order Granting Attorney's Motion to Be Relieved as Counsel-Civil' (form MC-053) and must be lodged with the court with the moving papers. The order must specify all hearing dates scheduled in the action or proceeding, including the date of trial, if known. If no hearing date is presently scheduled, the court may set one and specify the date in the order. After the order is signed, a copy of the signed order must be served on the client and on all parties that have appeared in the case. The court may delay the effective date of the order relieving counsel until proof of service of a copy of the signed order on the client has been filed with the court.” (Cal. Rules of Court 3.1362(e).)

The motion “must be accompanied by a declaration on the 'Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil' (form MC-052). The declaration must state in general terms and without compromising the confidentiality of the attorney-client relationship why a motion under Code of Civil Procedure section 284(2) is brought instead of filing a consent under Code of Civil Procedure section 284(1).“ (Cal. Rules of Court 3.1362(c).)

1. If the notice is served on the client by mail under Code of Civil Procedure section 1013, it must be accompanied by a declaration stating facts showing that either:
   1. The service address is the current residence or business address of the client; or
   2. The service address is the last known residence or business address of the client and the attorney has been unable to locate a more current address after making reasonable efforts to do so within 30 days before the filing of the motion to be relieved.
2. If the notice is served on the client by electronic service under Code of Civil Procedure section 1010.6 and rule 2.251, it must be accompanied by a declaration stating that the electronic service address is the client's current electronic service address.

   As used in this rule, “current” means that the address was confirmed within 30 days before the filing of the motion to be relieved. Merely demonstrating that the notice was sent to the client's last known address and was not returned or no electronic delivery failure message was received is not, by itself, sufficient to demonstrate that the address is current. If the service is by mail, Code of Civil Procedure section 1011(b) applies.

(Cal. Rules of Court 3.1362(d).)

The Court’s Decision

“The determination whether to grant or deny a motion to withdraw as counsel lies within the sound discretion of the trial court.” (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1133.) However, a motion to withdraw “will not be granted where withdrawal would prejudice the client.” (Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.)

“Unlike their clients, attorneys do not have an absolute right to withdraw from representation at any time with or without cause. Even where grounds for termination exist, attorneys seeking to withdraw must comply with the procedures set forth in California Rule of Professional Conduct (CRPC) 3-700 and are subject to discipline for failure to do so. Where withdrawal is not mandatory, an attorney normally must continue representation on the matter undertaken. The fact the client or matter proves unpleasant or unprofitable does not excuse attorney performance. The rules have been liberally construed to protect clients.” (See Vann v. Shilleh (1975) 54 Cal.App.3d 192, 197; Chaleff v. Superior Court (1977) 69 Cal.App.3d 721; Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.)