Legal Withdraw Stipulation Form

LEGAL WITHDRAW STIPULATION FORM

Court Name:   Case No.:

Case Title:

This Legal Withdraw Stipulation (the "Stipulation") is entered into by and between Withdrawing Counsel: and Receiving Counsel: on this date: .

RECITALS

WHEREAS, Withdrawing Counsel represents that Withdrawing Counsel has been counsel of record for Client Name: in the above-captioned matter and seeks leave of the Court to withdraw; and

WHEREAS, Receiving Counsel has been retained or will represent the client for the purposes described below and the parties have conferred regarding the schedule and steps necessary to effectuate withdrawal without prejudice to the client's interests; and

WHEREAS, the parties desire to set forth their agreement concerning the effective date of withdrawal, notice to the client and opposing counsel, the handling of pending deadlines and documents, and allocation of outstanding fees and costs.

NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein, the parties stipulate and agree as follows:

1. WITHDRAWAL OF COUNSEL

Withdrawing Counsel shall promptly file with the Court and serve on all parties a motion or application to withdraw as counsel of record. Upon entry of an order allowing withdrawal, Withdrawing Counsel shall be relieved of further responsibilities as counsel in the above-captioned matter except as otherwise provided herein or ordered by the Court.

2. EFFECTIVE DATE

The parties agree that the withdrawal shall become effective on the Effective Date: or upon the entry of an order by the Court approving Withdrawing Counsel's withdrawal, whichever occurs later.

3. CLIENT NOTIFICATION AND ACKNOWLEDGMENT

Withdrawing Counsel represents that Written Notice has been provided to the client at the following last known address:

Client acknowledges receipt of notice of withdrawal and either has retained new counsel or has been informed of how to proceed pro se. Client consent to withdrawal: Yes

4. PENDING MATTERS AND DEADLINES

The parties agree that Withdrawing Counsel shall take reasonable steps to notify the Court and opposing counsel of the withdrawal and shall, to the extent permitted by law and court rules, provide receiving counsel with copies of all pleadings, discovery, correspondence and other materials reasonably necessary to avoid prejudice to the client. Any pending deadlines, hearings, or scheduled conferences shall be identified as follows:

5. FEES, COSTS AND FILES

Any outstanding fees and costs owed to Withdrawing Counsel for work performed prior to the effective date shall be handled as follows: Outstanding Balance: $ . The parties agree that Withdrawing Counsel may assert a charging lien or retain possession of client files to secure payment to the extent permitted by law and court rules; provided, however, that non-privileged materials necessary for the client's defense or prosecution of the matter shall be made available upon reasonable request.

6. SERVICE AND NOTICES

All notices required or permitted under this Stipulation shall be in writing and shall be delivered to the addresses set forth below by hand, certified mail, overnight courier, or electronic mail where agreed in writing.

7. COURT APPROVAL

This Stipulation is subject to Court approval. The parties agree to cooperate in seeking such approval and will submit any necessary stipulations, declarations, or orders requested by the Court to effectuate the withdrawal consistent with this agreement.

8. REPRESENTATIONS AND WARRANTIES

Each party represents and warrants that it has full authority to enter into this Stipulation, that it will not take any action to frustrate its terms, and that the execution and performance of this Stipulation will not violate any other agreement or court order to which it is subject.

9. MISCELLANEOUS

Amendments. This Stipulation may be amended only by a written instrument signed by both parties and, where required, approved by the Court.

Waiver. No waiver of any provision of this Stipulation shall be effective unless in writing and signed by the party against whom enforcement is sought. The failure to enforce any provision shall not constitute a waiver of any future enforcement of that provision or any other provision.

Counterparts. This Stipulation may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Electronic or facsimile signatures shall be deemed originals for all purposes.

GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

Governing Law. This Stipulation shall be governed by and construed in accordance with the substantive laws of the state in which the Court is located, without regard to conflict of laws principles.

Entire Agreement. This Stipulation constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, understandings, and agreements between the parties, whether written or oral.

Severability. If any provision of this Stipulation is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect and the invalid or unenforceable provision shall be reformed only to the extent necessary to make it valid and enforceable while preserving its intent.

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