Also known as: retracts · retracted · retracting · retraction · retractions · withdraw · withdrawal
Written by attorneys · grounded in primary & secondary sources — see below
4 senses
Withdrawal from a criminal attempt or solicitation after the defendant has taken an overt act or formed an agreement. Such withdrawal does not provide a defense once the offense is complete under the majority rule.
Withdrawal from a criminal attempt or solicitation after the defendant has taken an overt act or formed an agreement. Such withdrawal does not provide a defense once the offense is complete under the majority rule.
Roberto Reyes buys a gun and drives to the bank intending to commit robbery. He enters the lobby and points the weapon at the teller. Reyes then turns and leaves without taking money. His later claim that he retracted the plan does not defeat the attempt charge.
A lawyer's termination of representation of a client when required by the rules or when permitted without material adverse effect on the client.
Riley Rivera agrees to represent a client who later demands that she file false documents with a court. Rivera determines that continuing would violate the rules. She promptly moves to withdraw and notifies the client. The court grants the motion because the representation would result in a rules violation.
The withdrawal of a repudiation of contractual obligations before the other party relies on it or treats it as final. Such retraction nullifies the repudiation and restores the contract.
Rosalind Reed tells Ruby Rivera that she will not deliver goods under their contract. Rivera begins looking for substitute suppliers. Reed then notifies Rivera that she retracts the statement and will perform. The retraction restores the contract because Rivera had not yet materially changed position.
Roger Ramirez repudiates a contract to sell equipment to Royal Crest Hotels. The hotel urges retraction and waits a commercially reasonable time. Ramirez retracts before the hotel cancels or changes position. The retraction prevents the hotel from immediately resorting to remedies for breach.
The withdrawal of consent to an adoption before entry of the decree. Withdrawal is permitted if it serves the adoptee's best interest after notice and a hearing.
Ridgeway Partners arranges an adoption after the mother signs a pre-birth consent. Before any decree is entered the mother files a petition to withdraw. The court holds a hearing and finds withdrawal serves the child's best interest. The petition is granted and the adoption does not proceed.
A lawyer's termination of representation of a client when required by the rules or when permitted without material adverse effect on the client.
The withdrawal of a repudiation of contractual obligations before the other party relies on it or treats it as final. Such retraction nullifies the repudiation and restores the contract.
The withdrawal of consent to an adoption before entry of the decree. Withdrawal is permitted if it serves the adoptee's best interest after notice and a hearing.
Each sense below has its own examples, sources, and questions.
No. Once the defendant has crossed the line from preparation to an overt act with the required intent, withdrawal or abandonment does not constitute a defense under the majority common law rule.
A lawyer must withdraw when the representation would result in a violation of the rules or when the lawyer's condition materially impairs the ability to represent the client. Withdrawal is also permitted when it can be accomplished without material adverse effect on the client.
Roberto Reyes creates a trust and contributes property while retaining a power of withdrawal. He later exercises the power and removes a portion of the assets. The withdrawal is effective because the power was expressly reserved in the trust instrument.
Retraction restores the contract if notification reaches the injured party before that party materially changes position in reliance on the repudiation or indicates that the repudiation is final.
Pre-birth consent is not irrevocable. Withdrawal is permitted before the decree if it serves the adoptee's best interest after notice and a hearing to the parties.
…good medical practice requires only that the physician or other professional personnel withdraw from the case so long as the withdrawal is consistent with good medical practice." Proceedings of the AMA House of Delegates 220 (June 1970). [^maj-39]: "The Principles of Medical Ethics of the AMA do not prohibit a physician…