116.02    Withdrawal as Representative--In General

37 CFR § 2.19(b)  Withdrawal of attorney. If the requirements of § 11.116 of this chapter are met, a practitioner authorized to represent an applicant, registrant, or party to a proceeding in a trademark case may withdraw upon application to and approval by the Director or, when applicable, upon motion granted by the Trademark Trial and Appeal Board. The practitioner should file the request to withdraw soon after the practitioner notifies the client of his/her intent to withdraw. The request must include the following:

• • (1) The application serial number, registration number, or proceeding number;

  • (2) A statement of the reason(s) for the request to withdraw; and

  • (3) Either

    • (i) A statement that the practitioner has given notice to the client that the practitioner is withdrawing from employment and will be filing the necessary documents with the Office; that the client was given notice of the withdrawal at least two months before the expiration of the response period, if applicable; that the practitioner has delivered to the client all documents and property in the practitioner’s file concerning the application, registration or proceeding to which the client is entitled; and that the practitioner has notified the client of any responses that may be due, and of the deadline for response; or

    • (ii) If more than one qualified practitioner is of record, a statement that representation by co-counsel is ongoing.

  

37 CFR § 11.116   Declining or terminating representation .

• (a) Except as stated in paragraph (c) of this section, a practitioner shall not represent a client, or where representation has commenced, shall withdraw from the representation of a client if:

  • (1) The representation will result in violation of the USPTO Rules of Professional Conduct or other law;

  • (2) The practitioner’s physical or mental condition materially impairs the practitioner’s ability to represent the client; or

  • (3) The practitioner is discharged.

  

• (b) Except as stated in paragraph (c) of this section, a practitioner may withdraw from representing a client if:

  • (1) Withdrawal can be accomplished without material adverse effect on the interests of the client;

  • (2) The client persists in a course of action involving the practitioner’s services that the practitioner reasonably believes is criminal or fraudulent;

  • (3) The client has used the practitioner’s services to perpetrate a crime or fraud;

  • (4) A client insists upon taking action that the practitioner considers repugnant or with which the practitioner has a fundamental disagreement;

  • (5) The client fails substantially to fulfill an obligation to the practitioner regarding the practitioner’s services and has been given reasonable warning that the practitioner will withdraw unless the obligation is fulfilled;

  • (6) The representation will result in an unreasonable financial burden on the practitioner or has been rendered unreasonably difficult by the client; or

  • (7) Other good cause for withdrawal exists.

  

• (c) A practitioner must comply with applicable law requiring notice to or permission of a tribunal when terminating a representation. When ordered to do so by a tribunal, a practitioner shall continue representation notwithstanding good cause for terminating the representation.

• (d) Upon termination of representation, a practitioner shall take steps to the extent reasonably practicable to protect a client’s interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payment of fee or expense that has not been earned or incurred. The practitioner may retain papers relating to the client to the extent permitted by other law.

Under certain circumstances, a practitioner may withdraw from employment as the attorney or other authorized representative of a party to a proceeding before the Board. A practitioner who wishes to withdraw must file a written request with the Board for permission to do so. The practitioner may not be able to withdraw until he or she has complied with the conditions specified in 37 CFR § 11.116(c) - 37 CFR § 11.116(d).