What to Do When Your Attorney Withdraws

Immediate steps to protect your case

When your bankruptcy attorney withdraws or seeks to withdraw, time is critical. Here is what to do.

Step 1: Understand the timeline

The motion to withdraw will typically set a deadline for you to respond or find new counsel. Note this date immediately. If you miss deadlines while unrepresented, your case could be dismissed.

Step 2: Get your case file

Request your complete case file from the withdrawing attorney immediately. Under Model Rule 1.16(d), they must provide it. This includes all filed documents, correspondence, and work product.

Step 3: Find new representation

• Contact other bankruptcy attorneys in your area immediately
• Contact your local bar association's lawyer referral service
• Check legal aid programs if cost is a barrier
• Be transparent about why your previous attorney withdrew -- new attorneys need to understand the situation

Step 4: Notify the court if needed

If you cannot find replacement counsel in time, file a written response to the withdrawal motion explaining your situation. The court may allow additional time or deny the withdrawal if it would cause you serious harm.

Step 5: Monitor your deadlines

Check your docket on PACER for any pending deadlines, hearings, or required filings. Missing a deadline while between attorneys can have serious consequences.