向法院提请撤出代理
SUPERIOR COURT OF THE HSAR
Civil Division
China Eagle Co., Ltd. *
Plaintiff *
Vs. * C.A. No. 111-222
Providence Group, Inc. * Calendar 10
Defendant * Judge Hairless
*
MOTION FOR LEAVE TO WITHDRAW AS COUNSEL
Counsel for the Defendant, Providence Group, Inc., respectfully moves this Court,
pursuant to SAR Rule 101 and H.C.C. Rule of Professional Conduct 2.14, for leave to
withdraw as counsel in the above-captioned case. In support of this motion, said
counsel states the following:
1. This action for sanction and monies alleged to be due and owing came to
issue with the filing of Defendant’s Answer on November 13, 2003.
2. On or about December 25, 2003, Plaintiff and Defendant reached a
settlement in and for the above captioned dispute, and on or about January
5, 2004, a Praecipe was entered dismissing the action without prejudice.
3. Plaintiff filed a Motion to re-open this case, which was subsequently granted
by this Court on February 13, 2004, and on March 5, 2004, a status
conference was held wherein this case was set on Track 1.
4. Undersigned counsel has need to file the instant motion for two independent
reasons, both of which constitute grounds for optional withdrawal under
H.C.C. Rule of Professional Conduct 2.14.
5. The first reason as set forth in Rule 2.14(f)(5) is that the client has failed,
“……substantially to fulfill an obligation to the lawyer regarding the lawyer’s
services and has been given reasonable warning that the lawyer will
withdraw unless the obligation is fulfilled.” (See attached affidavit.)
6. The second reason as stated in Rule 2.14(f)(6) is that the client’s conduct has
rendered the representation unreasonably difficult. (See attached affidavit.)
7. Since no trial date has been set, it is not anticipated that the granting of this
motion would delay trial of the case, be unduly prejudicial to any party, or
otherwise not be in the interest of justice.
WHEREFORE, for these and other reasons as may appear to the Court, counsel
for the Defendant respectfully requests that this motion be granted and that they be
afforded leave to withdraw as counsel.
Respectfully submitted,
_______________________
Deguang Zhang, Bar No. 12345
Zhang, Wang & Lee, L.L.P.
666 East Changan Blvd.
Beijing, China 10001
010-1234-5678
CERTIFICATE OF ATTORNEY
PURSUANT TO SAR RULE 101
I HEREBY CERTIFY that the last known address of the Defendant, Providence
Group, Inc., remains Suite 618, 620 - 5th Avenue, New York, N.Y. 10002, the United
States of America; that I have on this 18th day of May, 2004, served upon them by
first class mail, postage prepaid a copy of the instant motion, advising them in writing
pursuant to Rule 101, to obtain other counsel (and to have other counsel as soon as
possible enter, subject to ruling on the instant motion, their appearance with the
court), or if they intend to conduct the case without counsel, or to object to the
withdrawal, to so notify the clerk in writing within ten (10) days of service of the
motion.
____________________________
Deguang Zhang, Esq.
