Rule 10.Withdrawal of Attorney

Last amended April 1, 2025 · Last verified June 28, 2026

In one sentenceRule 10 lets an attorney withdraw only by written motion showing good cause, and it spells out exactly what the motion must say — different details depending on whether another attorney is stepping in — plus how the client must be notified.

Full Text of Rule 10

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An attorney may withdraw from representing a party only upon written motion for good cause shown. If another attorney is to be substituted as attorney for the party, the motion shall state: the name, address, telephone number, email address, telecopier number, if any, and State Bar of Texas identification number of the substitute attorney; that the party approves the substitution; and that the withdrawal is not sought for delay only. If another attorney is not to be substituted as attorney for the party, the motion shall state: that a copy of the motion has been delivered to the party; that the party has been notified in writing of his right to object to the motion; whether the party consents to the motion; the party's last known address, telephone number, and email address; and all pending settings and deadlines. If the motion is granted, the withdrawing attorney shall immediately notify the party in writing of any additional settings or deadlines of which the attorney has knowledge at the time of the withdrawal and has not already notified the party. The Court may impose further conditions upon granting leave to withdraw. Notice or delivery to a party shall be either made to the party in person or mailed to the party's last known address by both certified and regular first class mail. If the attorney in charge withdraws and another attorney remains or becomes substituted, another attorney in charge must be designated of record with notice to all other parties in accordance with Rule 21a.

End

Notes and Comments

Comment to 1988 change: The amendment repeals the present rule and makes provision for withdrawal of counsel, setting forth the requirements for withdrawal and withdrawal with substitution of counsel. The amendment also carries forward the requirements of amended Rule 8 regarding designation of attorney in charge.

Comment to 1990 change: The amendment repeals the present rule and clarifies the requirements for withdrawal.

Plain-English Summary

Rule 10 controls how a lawyer leaves a case. Withdrawal requires a written motion and good cause; an attorney cannot stop appearing without court approval.

What the motion must contain depends on the situation. If another attorney is substituting in, the motion gives the new attorney’s contact details and State Bar number, states that the client approves the substitution, and confirms the withdrawal is not for delay. If no one is substituting, the motion must show the client got a copy, was told in writing of the right to object, and state whether the client consents, the client’s last known contact information, and all pending settings and deadlines.

If the court grants the motion, the withdrawing lawyer must promptly tell the client in writing about any settings or deadlines the lawyer knows of and has not already passed along. Notice to the client goes either in person or by both certified and regular first-class mail to the last known address. And if the attorney in charge withdraws while another attorney remains in the case or steps in as a replacement, a new attorney in charge must be designated of record, with notice to all parties under Rule 21a. The court may add further conditions on letting a lawyer out.

Frequently Asked Questions

What does a Texas attorney need in order to withdraw from a case?

A written motion showing good cause. The required contents differ depending on whether another attorney is substituting in, and the client must be properly notified.

What is the difference between withdrawal with and without substitution?

With a substitute, the motion provides the new attorney’s contact information and Bar number, the client’s approval, and that the withdrawal is not for delay. Without a substitute, the motion must show the client received a copy and notice of the right to object, the client’s consent or not, the client’s last known contact information, and all pending settings and deadlines.

How must the client be notified of a withdrawal?

Either in person or by both certified and regular first-class mail to the client’s last known address.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 10), published by the Texas Judicial Branch (txcourts.gov). Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. · Official source

Also known as: withdrawal of attorneymotion to withdrawsubstitution of counselgood cause to withdrawwithdraw from a caseTRCP 10