Withdrawal of counsel is governed by S.D.N.Y.
Local Civil Rule 1.4, which provides:
An attorney who has appeared as attorney of record
for a party may be relieved or displaced only by
order of the court and may not withdraw from a
case without leave of the court granted by order.
Such an order may be granted only upon a showing
by affidavit or otherwise of satisfactory reasons
for withdrawal or displacement and the posture of
the case, including its position, if any, on the
It is clear that the existence of an irreconcilable conflict between
attorney and client is a proper basis for the attorney to cease
representing his client. Promotica of America, Inc. v. Johnson
Grossfield, Inc., 2000 WL 424184, at 1 (S.D.N.Y. Apr. 18, 2000)
(citations and internal quotations omitted). A client's termination of
representation is a clear expression of an irreconcilable conflict.
Further, "[w]hile Local Rule 1.4 requires a court order to withdraw, when
counsel has been discharged and agreed to the termination-the
order to withdraw should issue except under the most compelling
circumstances." Allstate Ins. Co. v. Nandi, 258 F. Supp.2d 309,
311 (S.D.N.Y., 2003) citing Casper v. Lew Lieberbaum & Company,
Inc., 1999 WL 335334, 4 (S.D.N.Y. May 26, 1999) See also Matter
of First City Nat'l Bank & Trust Co., 759 F. Supp. 1048
(S.D. N.Y. 1991) ("Under New York law, a client has an absolute right to
change attorneys."). In fact, the New York Code of Professional
Responsibility mandates that an attorney withdraw if he or she has been
discharged by the client. See 22 NYCRR 1200.15(b)(4).