In every criminal case a defense attorney needs to file certain motions and notices with the court and prosecutors office.
At the beginning of every case the defense attorney will file what is called a notice of appearance.
This is pretty standard and just announces to the prosecutors office and the court that the defense attorney has been retained in the case and will be representing the defendant and requests all evidence against their client.
At the end of every criminal case.
Typically after sentencing.
The defense attorney should file what is called a notice of withdrawal with the court and prosecutors office.
This motion notifies all the parties involved that the defense attorney is withdrawing as the attorney of record.
In order for this motion to be granted and considered valid it should contain certain language.
First make sure to include the defendants name, the case number, and the court in which the case was heard.
If any of this information is incorrect then regardless of whether the defense attorney thinks they are no longer the attorney, they are still considered the attorney of record by the court.
Secondly include language the attorney is withdrawing due to a completion of legal services.
Sometimes a court will receive a motion to withdraw for a variety of reasons.
Sometimes there is a conflict between the defendant and attorney, sometimes the defendant hasn't paid the attorney, sometimes the attorney no longer wants to represent the defendant.
In those situations a Judge may not grant the request, and call the attorney in to explain the reason.
But if the attorney is simply withdrawing because the case is over then a Judge is more likely to grant that request.
Lastly make sure to include language that all future pleadings and notices are to be sent to the defendant.
This is important because of the attorney thinks they have withdrawn from the case, and the court is still sending them notice of hearings, and the attorney doesn't notify their client.
Lets say the defendant doesn't complete community service requirements and the Judge sends notice of a review hearing to the attorney.
The attorney doesn't notify their client, the client never shows, and a warrant is issued.
This just simplifies things especially after the defense attorney has withdrawn.
Its a good practice to get into to immediately file a notice of withdrawal with the court.
Granted it may seem trivial to do, but it really will simplify things, and will also protect the defense attorney from possible issues in the future.