Wash. Rev. Code » Title 2 · Chapter 2.44
Revised Code of Washington

Wash. Rev. Code § 2.44.040 (2026)

Change of attorneys

✓ current as of May 2026
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The attorney in an action or special proceeding, may be changed at any time before judgment or final determination as follows:
(1) Upon his or her own consent, filed with the clerk or entered upon the minutes; or
(2) Upon the order of the court, or a judge thereof, on the application of the client, or for other sufficient cause; but no such change can be made until the charges of such attorney have been paid by the party asking such change to be made.
[ 2011 c 336 s 60; Code 1881 s 3283; 1863 p 405 s 9; RRS s 133.]
Notes of Decisions
Cited in 21 cases (1 in the last 5 years), 1965–2024 · leading case: Haller v. Wallis, 573 P.2d 1302 (Wash. 1978).
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Haller v. Wallis, 573 P.2d 1302 (Wash. 1978). · cites it 2× “RCW 2.44.040. When an attorney is changed, as provided in RCW 2.”
Hansen v. Wightman, 538 P.2d 1238 (Wash. Ct. App. 1975). · cites it 3× “Statutory requisites under RCW 2.44.040 and 2.44.050 for the substitution of counsel that have appeared in court proceedings must also be met.”
In Re Disciplinary Proc. Against Cohen, 82 P.3d 224 (Wash. 2004). “15(a)(2), states: (a) Except as stated in section (c), a lawyer shall not represent a client or, where representation has commenced, shall, notwithstanding RCW 2.44.040, withdraw from representation of a client if: .”
IN re the Disciplinary Proceeding Against Cohen, 150 Wash. 2d 744 (Wash. 2004). “15(a)(2), states: (a) Except as stated in section (c), a lawyer shall not represent a client or, where representation has commenced, shall, notwithstanding RCW 2.44.040, withdraw from representation of a client if: (2) The lawyer’s physical or mental condition materially impairs…”
Burnett v. Dep't of Corr., 349 P.3d 42 (Wash. Ct. App. 2015). · cites it 3× “Burnett claims that, under RCW 2.44.040, DLI must first provide proof that DLI paid Tom Scribner’s attorney fees.”
Disciplinary Proceeding Against Carpenter, 155 P.3d 937 (Wash. 2007). “15: DECLINING OR TERMINATING REPRESENTATION (a) Except as stated in section (c), a lawyer shall not represent a client or, where representation has commenced, shall, notwithstanding RCW 2.44.040, withdraw from the representation of a client if: (1) The representation will result…”
In re the Disciplinary Proceeding Against Carpenter, 160 Wash. 2d 16 (Wash. 2007). “15: DECLINING OR TERMINATING REPRESENTATION (a) Except as stated in section (c), a lawyer shall not represent a client or, where representation has commenced, shall, notwithstanding RCW 2.44.040, withdraw from the representation of a client if: (1) The representation will result…”
In Re the Disciplinary Proceeding Against Miller, 663 P.2d 1342 (Wash. 1983). · cites it 2× “I didn't comply with Rule 71. I didn't submit anything for the purpose of filing that said I was withdrawing, whether I complied with Rule 71 in any other manner.”
Caruso v. Wixom, 332 P.3d 1063 (Wash. Ct. App. 2014). “The rule reads, in part: *904 DECLINING OR TERMINATING REPRESENTATION (a) Except as stated in paragraph (c), a lawyer shall not represent a client or, where representation has commenced, shall, notwithstanding RCW 2.44.040, withdraw from the representation of a client if: (1)…”
Kingdom v. Jackson, 896 P.2d 101 (Wash. Ct. App. 1995). “15 provides: "(a) Except as stated in section (c), a lawyer shall not represent a client or, where representation has commenced, shall, notwithstanding RCW 2.44.040, withdraw from the representation of a client if: "(1) The representation will result in violation of the Rules of…”
Grossman v. Will, 516 P.2d 1063 (Wash. Ct. App. 1973). “The latter statute provides: When an attorney is changed, as provided in RCW 2.44.040, written notice of the change, and of the substitution of a new attorney, or of the appearance of the party in person, must be given to the adverse party; until then, he shall be bound to…”
Jones v. Home Care of Washington, Inc., 216 P.3d 1106 (Wash. Ct. App. 2009). “050 reads: When an attorney is changed, as provided in RCW 2.44.040, written notice of the change, and the substitution of a new attorney, or of the appearance of the party in person, must be given to the adverse party; until then, he shall be bound to recognize the former…”
Show all 21 citing cases →
— Wash. Rev. Code § 2.44.040(1) — 1 case
Erickson v. Fargo Van & Storage, Inc., 607 P.2d 894 (Wash. Ct. App. 1980).
— Wash. Rev. Code § 2.44.040(2) — 1 case
Erickson v. Fargo Van & Storage, Inc., 607 P.2d 894 (Wash. Ct. App. 1980).
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