Vernon's Texas Rules Annotated - VTRA TX R HAYS CTY DIST Chapter 21. Attorneys--Withdrawal and Substitution

An attorney remains the attorney of record until relieved by written order of the Court.  If, prior to the disposition of the case, an appointed or retained counsel has reason to withdraw, the attorney must file a written motion to withdraw with the Court and appear before the Court with the Defendant to address the motion.  The motion will be heard at the next setting or at any time designated by the Court when the Defendant has had notice to appear.  Adequate notice of the motion to withdraw may be shown by certified mail, return receipt requested, to the last known address of the defendant.  The Court shall have discretion whether to grant the motion to withdraw.

A retained attorney shall notify in writing the previously appointed attorney and the Court of his/her retention immediately upon being retained.  The motion must also have attached a certificate of service reflecting notice to both previous counsel in the case and the District Attorney.  If an attorney is retained to replace existing counsel, the attorney must file a motion to substitute counsel, naming both himself and the attorney to be relieved.  The Court will hear the incoming attorney's motion at the next setting.  If the motion is signed by the Defendant, as well as the incoming and outgoing attorneys, and the motion states that the incoming attorney accepts the case's next setting, the Court may sign the motion without a hearing.  A motion to substitute counsel that will cause delay requires a hearing and is subject to the discretion of the Court.  Motions to withdraw or substitute counsel should be set with notification to the State as to when the motion is set.