Wichita Bail Bonds Blog

In Kansas, Rule 117 of the Supreme Court governs how attorneys can withdraw from representing clients in court cases. The rule ensures that no client is left unrepresented without proper notice, documentation, and court approval. It applies to both civil and criminal proceedings and protects the client’s right to fair notice and continued participation in their case.

Purpose of Rule 117

The main goal of Rule 117 is to create an orderly process when an attorney wishes to withdraw. It prevents confusion, missed deadlines, and disruption to ongoing cases. The court must approve most withdrawals, especially when the client would otherwise be without an attorney.

Key Requirements for Withdrawal

When an attorney’s withdrawal would leave the client unrepresented, several steps must be followed to comply with Rule 117.

• The attorney must file a written motion to withdraw with the court.
• The motion must be served on the client, all attorneys of record, and any unrepresented parties.
• The attorney must inform the client about any upcoming court dates, hearings, or filing deadlines.
• The attorney must provide the court with the client’s current address and contact information if available.
• The withdrawal only becomes effective once approved by the court.

When Withdrawal Is Simpler

If the client already has another attorney taking over the case, Rule 117 allows a simpler process. The current and new attorneys can file a joint notice of withdrawal and substitution. This notice must be signed by both lawyers and served on all parties. In this case, no court order is required for the withdrawal to take effect.

Importance of Compliance

Following Rule 117 is essential to protect both the attorney and the client. It ensures the client knows how to move forward and prevents the court from proceeding without proper representation. Attorneys who fail to follow the rule risk professional discipline or having their withdrawal denied by the judge.

Rule 117 in Kansas outlines the correct procedure for attorneys who wish to withdraw from a case. It requires formal notice, client communication, and in most cases, court approval. When another attorney takes over, the process is simpler, but documentation is still required to protect all parties involved.