1 ROBERT BRUCE LINDSAY, ESQ.

State Bar No. 2237

2 326 West Liberty Street
Reno, NV 89501
3 (775) 324-3333
Attorney for Defendant
4 ZACHARY BARKER COUGHLIN
5 IN THE JUSTICE COURT OF RENO TOWNSHIP,
6 IN AND FOR THE COUNTY OF WASHOE, STATE OF NEVADA
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STATE OF NEVADA,
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Plaintiff, Case No. RCR 2012-067980
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vs. Dept.
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ZACHARY BARKER COUGHLIN,
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Defendant.
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EBW AS COUSEL OF RCOR
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COMES NOW, ROBERT BRUCE LINDSAY, ESQ. , attorney of record
for Defendant, ZACHARY BARKER COUGHLIN, respectfully moves this
Honorable Court for an Order permitting him to Withdraw as
Counsel of Record and allow the Defendant to obtain other
counsel or apply for a Public Defender. ZACHARY BARKER
COUGHLIN'S last known address for service is: 1471 E. 9th
Street, Reno, Nevada 89512.
The application is based upon Nevada Supreme Court Rule 46
and 1.16 formerly Rule 166, the following Points and Authorities
and the affidavit of counsel attached hreto.
DATED this 51-day of __, 2013.
ESQ.
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MORAU OF POINTS A AUTHORITIES
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There has been no judgment or final determination in the
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above-entitled case, however, a Pretrial Hearing is set for
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April 16, 2013, at 10:00 a. m.
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Rule 46 of Nevada Supreme Court Rules, Withdrawal or Change
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of Attorney, state in pertinent part:
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"The attorney in an action or special proceeding may be
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changed at any time before a judgment or final determination as
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follows;
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Upon consent of attorney, approved by
client.
Upon the order of the court of judge thereof
on the application of the attorney or the
client.
"After judgment or final determination, and
attorney may withdraw as attorney of record
any time upon the attorney's filing of
withdrawal, without the client's consent. "
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C. E. B. California Procedure Before Trial, Section 91, page
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53, states in pertinent parts:
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"Care should be taken to recite only a minimum
of necessary detail as to the difference existing
between attorney and client so that the client
will not be unduly prejudiced by a statement
spread on the record. The Court should be
liberal in granting the motion because of the
highly confidential relationship that must exist
between attorney and client to successfully
prosecute or defend the case. "
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Rule 1. 16 (formerly Supreme Court Rule 166) is the same as
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ABA Model Rule 1.16. provides in pertinent part as
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follows:
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(a) Except as stated in paragraph (c), a lawyer
shall not represent a client or, where
representation has commenced, shall withdraw
from the representation of a client if:
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(b) Except as stated in paragraph ( c) , a lawyer may
withdraw from representing a client if:
(1) Withdrawal can be accomplished without mat. erial
adverse effect on the interests of the client;
(2) The client persists in a course of action involving
the lawyer's services that the lawyer reasonably
believes is criminal or fraudulent;
(3) The client has used the lawyer's services to
perpetrate a crime or fraud;
(4) A client insists upon taking action that the lawyer
considers repugnant or with which the lawyer has
fundamental disagreement;
(5) The client fails substantially to fulfill an
obligation to the lawyer regarding the lawyer's
services and has been given reasonable warning that
the lawyer will withdraw unless the obligation is
fulfilled;
(6) The representation will result in an unreasonable
financial burden on the lawyer or has been rendered
unreasonably difficult by the client; or
(7) Other good cause for withdrawal exists.
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In the instant case, ROBERT BRUCE LINDSAY, ESQ. , has
14 represented ZACHARY BARKER COUGHLIN since, December 28, 2012,
15 when he was appointed through the Conflict Attorney's Office.
16 Since that time, the attorney-client relationship has
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deteriorated in that ZACHARY BARKER COUGHLIN is unable or
18 unwilling to follow the advise of counsel and is impossible to
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Defendant opposes every suggestion and recommendation
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discussed and has become combative to the point of calling his
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attorney names and threatening him.
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While the undersigned has been sympathetic to ZACHARY
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BARKER COUGHLIN, a workable attorney-client relationship can no
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longer exist. Defendant is not looking to remedy his legal
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to pursue an endless battle with Defense counsel by telling him
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how to practice law and defend the issue now before this Court.
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It is counsel's good faith belief that his withdrawal will
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not materially affect ZACHARY BARKER COUGHLIN'S position
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adversely.
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WHEREFORE, it is respectfully requested that Petitioner's
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Motion be granted and ROBERT BRUCE LINDSAY, ESQ. , be withdrawn
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as attorney of record for ZACHARY BARKER COUGHLIN.
DATED this ay of , 2013.
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CE LINDSAY, ESQ.
State Bar No. 2237
326 West Liberty St t
Reno, NV 89501
(775) 324-3333
Attorney for Defendant
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STATE OF NEVADA
COUNTY OE WASHOE
AFFIDAVIT OF COUSEL
ss.
ROBERT BRUCE LINDSAY, ESQ. hereby swears and affirms under
penalty of perjury that the following statements contained
herein are true and correct:
1. That your Affiant is an attorney licensed to practice
law in all Courts in the State of Nevada.
2. That your Affiant has represented ZACHARY BARKER
COUGHLIN since December 28, 2012, when the parties mutually
entered an Attorney Client Agreement.
3. That your Affiant makes this Affidavit in support of
your Affiant's Motion to Withdraw as Counsel of Record for the
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Defendant.
4 . Your Affiant has appeared in Court on behalf of
the Defendant and when a amicable resolution was to be reached
Defendant became hysterical and verbally abusive.
5. That the attorney-client relationship has deteriorated
in that ZACHARY BARKER COUGHLIN has made accusations referencing
Affiant has threatened to kill him.
6. That Affiant does not feel comfortable with
representing ZACHARY BARKER COUGHLIN due to fear for his well
being and the unnecessary stress that has been has caused as a
direct result of Defendant's behaviors.
7. That this Motion for Order Permitting Withdrawal as
Attorney has not been made for the purposes of delaying these
proceedings.
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WHEREFORE, your Affiant respectfully requests this
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Honorable Court enter an Order allowing Affiant to withdraw as
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TIMOTHY TODD JIM'S attorney of record.
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FURTHER YOUR AFFIANT SAYETH
DATED this' 5day of
_ 2013.
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SUBSC
:

and SWORN to

before me
this _ -day of ., 2013.
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CERTIFICATE OF SERVICE
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Pursuant to NRCP 5(b), I certify that I am an employee of
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ROBERT BRUCE LINDSAY, ESQ. , and that on this day I served a true
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and correct copy of the preceding document by depositing for
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mailing in the United States mail, with postage fully prepaid an
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envelope containing the above-identified document at Reno,
7 Nevada, in the ordinary course of business, entitled MOTION TO
8 WITHDRAW AS COUNSEL OF RECORD addressed to:
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ZACHARY BARKER COUGHLIN
1471 E. 9th Street
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Reno, Nevada 89512
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DATED this
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day of 2013.
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Diana Sims, Legal Assistant
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CERTIFICATE OF SERVICE
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Pursuant to NRCP 5(b), I certify that I am an employee of
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ROBERT BRUCE LINDSAY, ESQ. , and that on this day I served a
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true and correct copy of the preceding MOTION TO WITHDRAW AS
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COUNSEL OF RECORD through service with Reno Carson Messenger
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Service addressed to:
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ZACH YOUNG, ESQ.
Deputy District Attorney
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District Attorney's Office
1 South Sierra Street
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Fourth Floor
Reno, NV 89520
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DATED this
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day of 2013.
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Diana Sims, Legal Assistant
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IN THE RENO JUSTICE COURT
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COUNTY OF WASHOE, STATE OF NEVADA
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AFFIRMATION
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Pursuant to NRS 239B. 030
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The undersigned does hereby affirm that the preceding
6 MOTION TO WITHDRAW AS COUNSEL OF RECORD in case RCR2012-067980.
Document does not contain the social security number of any
person
-OR-
Document contains the social security number of a person as
required by:
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A specific state or federal law, to wit:
(State specific state or federal law)
-OR-
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For the administration of a public program
-OR-
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For an application for a federal or state grant
-OR-
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Confidential Family Court Information Sheet
(NRS 125. 130, NRS 125. 230 and NRS 125B.055)
DATED this ay of _, 2013.
LINDSAY, ESQ.
State Bar No. 2237
326 West Liberty Street
Reno, NV 89501
(775) 324-3333
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