Rule 71.Withdrawal by attorney

Group 8: Provisional and Final Remedies · Last amended September 1, 1990 · Last verified July 13, 2026

In one sentenceCR 71 sets out three ways a Washington attorney may stop representing a client in a pending case — by court order, by an unopposed notice of intent to withdraw, or by substituting new counsel — each with its own notice and timing requirements protecting the client.

Full Text of Rule 71

Text sizeJump to: (a) (b) (c) (d)

(a) Withdrawal by attorney. Service on an attorney who has appeared for a party in a civil proceeding shall be valid to the extent permitted by statute and rule 5(b) only until the attorney has withdrawn in the manner provided in sections (b), (c), and (d). Nothing in this rule defines the circumstances under which a withdrawal might be denied by the court.

(b) Withdrawal by order. A court appointed attorney may not withdraw without an order of the court. The client of the withdrawing attorney must be given notice of the motion to withdraw and the date and place the motion will be heard.

(c) Withdrawal by notice. Except as provided in sections (b) and (d), an attorney may withdraw by notice in the manner provided in this section.

(1) Notice of intent to withdraw. The attorney shall file and serve a Notice of Intent To Withdraw on all other parties in the proceeding. The notice shall specify a date when the attorney intends to withdraw, which date shall be at least 10 days after the service of the Notice of Intent To Withdraw. The notice shall include a statement that the withdrawal shall be effective without order of court unless an objection to the withdrawal is served upon the withdrawing attorney prior to the date set forth in the notice. If notice is given before trial, the notice shall include the date set for trial. The notice shall include the names and last known addresses of the persons represented by the withdrawing attorney, unless disclosure of the address would violate the Rules of Professional Conduct, in which case the address may be omitted. If the address is omitted, the notice must contain a statement that after the attorney withdraws, and so long as the address of the withdrawing attorney’s client remains undisclosed and no new attorney is substituted, the client may be served by leaving papers with the clerk of the court pursuant to rule 5(b)(1).

(2) Service on client. Prior to service on other parties, the Notice of Intent To Withdraw shall be served on the persons represented by the withdrawing attorney or sent to them by certified mail, postage prepaid, to their last known mailing addresses. Proof of service or mailing shall be filed, except that the address of the withdrawing attorney’s client may be omitted under circumstances defined by subsection (c)(1) of this rule.

(3) Withdrawal without objection. The withdrawal shall be effective, without order of court and without the service and filing of any additional papers, on the date designated in the Notice of Intent To Withdraw, unless a written objection to the withdrawal is served by a party on the withdrawing attorney prior to the date specified as the day of withdrawal in the Notice of Intent To Withdraw.

(4) Effect of objection. If a timely written objection is served, withdrawal may be obtained only by order of the court.

(d) Withdrawal and substitution. Except as provided in section (b), an attorney may withdraw if a new attorney is substituted by filing and serving a Notice of Withdrawal and Substitution. The notice shall include a statement of the date on which the withdrawal and substitution are effective and shall include the name, address, Washington State Bar Association membership number, and signature of the withdrawing attorney and the substituted attorney. If an attorney changes firms or offices, but another attorney in the previous firm or office will become counsel of record, a Notice of Withdrawal and Substitution shall nevertheless be filed.

End

Amendment History

Adopted June 4, 1976, effective July 1, 1976; amended, adopted Sept. 19, 1985, effective Oct. 11, 1985; amended, adopted May 10, 1990, effective Sept. 1, 1990.

Plain-English Summary

CR 71 starts from a baseline: service on an attorney who has appeared in a case stays valid until that attorney withdraws in one of the ways the rule describes. Nothing in the rule forces a court to grant a withdrawal it has reason to deny.

A court-appointed attorney can only withdraw with a court order, and the client must get notice of the withdrawal motion along with the date and place it will be heard. Other attorneys may instead withdraw by notice: they file and serve a Notice of Intent to Withdraw on the other parties, naming a withdrawal date at least 10 days out, and stating that withdrawal takes effect without a court order unless someone objects before that date. If the case has a trial date, the notice must say what it is. It must also give the client's name and last known address — unless disclosing the address would violate the Rules of Professional Conduct, in which case the address can be left out, so long as the notice explains that the client can then be served through the clerk under CR 5(b)(1). Before serving the other parties, the attorney must first serve or mail the notice to the client. If no one objects in writing before the stated date, the withdrawal takes effect automatically; if someone does object in time, the attorney can only withdraw by court order.

The third route, withdrawal with substitution, is simpler: an attorney may withdraw the moment a new attorney takes over, by filing and serving a Notice of Withdrawal and Substitution that states the effective date and identifies both attorneys by name, address, Washington State Bar Association membership number, and signature. Even a move within the same firm — where another lawyer there stays counsel of record — still calls for filing this notice.

Frequently Asked Questions

Can a lawyer withdraw without the client knowing?

No. Whether withdrawal happens by court order, by notice, or by substitution, the rule requires the client to be notified — through a hearing notice, through service or mailing of the withdrawal notice, or through the substitution notice itself.

How much advance notice must a withdrawing attorney give?

At least 10 days between service of the Notice of Intent to Withdraw and the date the withdrawal is set to take effect.

What happens if another party objects to the withdrawal?

If a written objection is served on the withdrawing attorney before the date named in the notice, the withdrawal can then only be obtained by court order.

Does the client's address always have to appear in the notice?

No. It may be omitted if disclosure would violate the Rules of Professional Conduct, provided the notice explains that the client can still be served through the clerk under CR 5(b)(1) while the address stays undisclosed and no new attorney has been substituted.

Can a court-appointed attorney withdraw just by giving notice?

No. A court-appointed attorney may withdraw only with a court order, and the client must receive notice of the motion and of when and where it will be heard.

What information must a Notice of Withdrawal and Substitution include?

The effective date of the change, plus the name, address, Washington State Bar Association membership number, and signature of both the withdrawing and the substituted attorney.

Source & verification. Rule text and amendment history are reproduced verbatim from the Washington Superior Court Civil Rules, adopted by the Supreme Court of Washington. Last verified July 13, 2026. · Official source

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