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Rules Adopted by the Supreme Court

Rules Relating to District Courts

Rule 117
Commencement of Actions, Pleadings, and Related Matters

Withdrawal of Attorney

An attorney who has appeared of record in any proceeding may withdraw; but shall be relieved of duties to the court, the client, and opposing counsel only when the attorney has served a motion for withdrawal on the client and on opposing counsel, filed a copy of the motion and proof of the service thereof with the clerk, and the judge has entered an order approving the withdrawal. No such order shall be required if another attorney authorized to practice law in this state is appearing of record to represent the client.


Case Annotations
1. Mentioned; affirmed summary judgment dismissing attorney malpractice action. Dings v. Callahan, 4 Kan. App. 2d 36, 38, 602 P.2d 542 (1979).
2. Cited; attorney terminated by client and notice of termination given to the court and all parties; no formal order of withdrawal was required. Alexander v. State Dept. of Social & Rehab. Serv., 4 Kan. App. 2d 57, 58-59, 602 P.2d 544 (1979).
3. Oral motion to withdraw made on the record followed by formal motion served on client and opposing counsel and filed with court held to be substantial compliance. State v. Alsup, 239 Kan. 673, 674-75, 722 P.2d 1100 (1986).

[History: Am. effective September 8, 2006.]