Ga. R. Prob. Ct. 3.3.2

As amended through October 9, 2024

Rule 3.3.2 - Withdrawal

An attorney appearing of record in any action pending in any probate court, who wishes to withdraw as counsel for any party therein, shall submit a written request to the judge of said court for an order of court permitting such withdrawal. Such request shall state that the attorney has given due written notice to his client respecting such intention to withdraw ten (10) days (or such lesser time as the court may permit in any specific instance) prior to submitting the request to the court or that such withdrawal is with the client's consent. Such request will be granted unless in the judge's discretion to do so would delay the trial of the action or otherwise interrupt the orderly operation of the court or be manifestly unfair to the client. The attorney requesting an order permitting withdrawal shall give notice to opposing counsel and shall file with the clerk in each such action and serve upon his client, personally or at his last known address, a notice which shall contain at least the following information:

(1) That the attorney wishes to withdraw;

(2) That the court retains jurisdiction of the action;

(3) That the client has the burden of keeping the court informed respecting where notices, pleadings or other papers may be served;

(4) That the client has the obligation to prepare for trial or hire other counsel to prepare for trial when the trial date has been set;

(5) That if the client fails or refuses to meet these burdens, the client may suffer adverse consequences;

(6) The dates of any scheduled proceedings, including trial, and that holding of such proceedings will not be affected by the withdrawal of counsel;

(7) That service of notices may be made upon the client at his last known address; and

(8) Unless the withdrawal is with the client's consent, the client's right to object within ten (10) days of the date of the notice.

The attorney seeking to withdraw shall prepare a written notification certificate stating that the above notification requirements have been met, the manner by which such notification was given to the client and the client's last known address and telephone number. The notification certificate shall be filed with the court and a copy mailed to the client and all other parties. The client shall have ten (10) days prior to entry of an order permitting withdrawal or such lesser time as the court may permit within which to file objections to the withdrawal. After the entry of an order permitting withdrawal, the client shall be notified by the withdrawing attorney of the effective date of the withdrawal; thereafter all notices or other papers may be served on the party directly by mail at the last known address of the party until new counsel enters an appearance.

Ga. R. Prob. Ct. 3.3.2