What must an attorney do if a client does not consent to withdrawal?

In situations where an attorney seeks to withdraw from representing a client who does not consent to that withdrawal, the correct approach is to make an application by motion, which must be served on the client and all parties involved in the case. This ensures that the client's rights are respected and that they are adequately notified of the attorney's intent to withdraw.

The motion serves as a formal request to the court, explaining the reasons for withdrawal and providing an opportunity for the court to conduct a review of the situation. By requiring the attorney to serve the motion on the client, this process also allows the client to respond or contest the motion if they choose. This safeguard respects the due process rights of the client and fulfills ethical obligations.

Other options, while they may seem relevant in different contexts, do not adequately address the formal requirements necessary for withdrawal when a client does not consent. Filing a notice of limited scope representation, for example, pertains to cases where an attorney is limiting their services rather than withdrawing entirely. Requesting a hearing for immediate withdrawal can also be premature and may not adhere to procedural requirements. Notifying the judge about the client's refusal is insufficient without a formal motion, as it does not initiate the legal process required for withdrawal.