MOTION TO WITHDRAW AS COUNSEL
AND/OR TO SET HEARING FOR
(REQUEST FOR AN EXPEDIATED HEARING)
MEMORANDUM OF POINTS AND AUTHORITIES
STATEMENT OF FACTS AND PROCEDURAL HISTORY
Undersigned counsel entered his notice of appearance for full representation of the
Defendant Cliven D. Bundy on October 24, 2016. Undersigned counsel has worked diligently
to prepare a defense in this case and in his representation of Bundy. Communication with Bundy
has included many in-person and telephonic conferences as well as several written
correspondences. Numerous motions and joinders of co-defendants motions have been made.
Undersigned counsel has appeared at several hearings before this court.
Undersigned counsel has been informed that the Defendant has decided to terminate his
contract for representation at this time. As the client has required that undersigned counsel’s
service to him cease at this time, the attorney-client relationship has been disrupted. The Client
will either need to discuss, with the Court, his right to represent himself or the appointment of
substitute counsel, or whatever other outcome is appropriate, prior to the rapidly approaching
trial date in this matter. For that reason, undersigned counsel brings the present motion to
withdraw, which should be heard on an expedited basis.
The Model Code of Professional Responsibility advises that an attorney be permitted
to withdraw as counsel if the client “freely assents to termination of his employment.” DR2-
11 0(C)(5). Furthermore, withdrawal should be granted if “good cause for withdrawal exists.”
Without disclosing confidential communications, undersigned counsel must inform this
Court that client no longer consents to undersigned counsel’s representation of him in this
matter or at trial. While undersigned counsel diligently prepared for trial, as he has been
required to do as counsel and pursuant to his retention in this matter, the decision to relinquish
undersigned counsel of his services in this matter is prohibitive of undersigned counsel’s ability
to function in an attorney-client relationship with the client who no longer consents to such
relationship as it relates to the upcoming trial.
It is unknown to undersigned counsel at this time whether or not Defendant Bundy seeks
to represent himself at trial, or if he has some other intent in regards to securing alternative
counsel. Given this circumstance, the Court should hold a hearing with Defendant Bundy
present to inform the Court of his intent. Bundy and his counsel need to know as soon as
possible whether undersigned counsel will continue to represent Mr. Bundy, and what role, if
any, undersigned counsel will continue to play in this case. Counsel asks that a hearing on Mr.
Bundy’s request be set as soon as is practicable.
The present request is made with the consent of Mr. Bundy, who does not object to said
withdrawal. Conversely, Mr. Bundy has demanded that this present request be made. Therefore
counsel for Bundy respectfully requests that this Court set a hearing as soon as is practically
possible to grant this Motion to Withdraw as Counsel of Record and to inquire as to whether or
not Mr. Bundy is asking the Court to grant him his right of self-representation under a Faretta
canvas, or to proceed in whatever other manner this Court finds to be appropriate under the
Wherefore, it is respectfully submitted that Bret 0. Whipple, Esq., be relieved as counsel
of record and from the responsibility for all future proceedings following appointment of other
counsel and/or the grant of self-representation to the Defendant in conjunction with an
appropriate Faretta canvas.
Finally, because there are pre-trial deadlines set in this case for September 28, 2017,
undersigned counsel respectfully asks that this Court hear this matter prior to that date.
DATED THIS 2pt day of September, 2017.
JUSTICE LAW CENTER
Isl Bret 0. Whipple. Esq.
Bret 0. Whipple, Esq.
Nevada Bar No. 6168
JUSTICE LAW CENTER
Las Vegas, Nevada 89104
Counsel for Defendant