Local Rule RULE 2090–1: Attorneys – Admission to Practice

RULE 2090–1 Attorneys – Admission to Practice

(a) Admission. As a unit of the District Court, attorneys admitted to the District Court, in accordance with DCt.LCvR 83.8 (Who May Be Admitted), may practice before this Court. Attorneys admitted in the District Court must follow the District Court Local Bankruptcy Rules for maintenance and renewal of their membership. Unless otherwise stated herein, the District Court Local Bankruptcy Rules as to membership in the bar of this Court shall apply.

(b) Admission Pro Hac Vice. An attorney who is not a member of the Bar of the United States District Court for the District of Columbia, but who is a member in good standing in every jurisdiction where the attorney has been admitted to practice and is not subject to pending disciplinary proceedings as a member of the Bar in any jurisdiction, may appear in this Court by leave of Court. Such attorney shall, contemporaneous with the making of such appearance, file a Motion for Admission Pro Hac Vice to appear before this Court, which need not be signed by any other attorney, along with the applicable filing fee. An attorney thereafter admitted pro hac vice shall be permitted to appear in the case for which such admission is granted, together with any adversary proceedings stemming therefrom.

(c) Law Students. As a unit of the District Court, law students may practice before this Court in accordance with DCt.LCvR 83.4 (Practice By Law Students). In addition to the requirements in the District Court Local Bankruptcy Rules, any law student practicing in this Court must also be familiar with the Federal Rules of Bankruptcy Procedure and these Local Bankruptcy Rules.

(d) Attorneys Employed by Federal, State, and Local Governments. An attorney who is employed or retained by the United States or one of its agencies, any State, or Local Government may appear, file papers, and practice in this Court on behalf of their client in the attorney's official capacity irrespective of (a) and (b) of these Local Bankruptcy Rules.

(e) Attorneys Representing Indigent Parties. Notwithstanding (a) and (b) of these Local Bankruptcy Rules, an attorney who is a member in good standing of the District of Columbia Bar or who is a member in good standing of the bar of any United States Court or of the highest court of any State may appear, file papers, and practice in any case handled without a fee on behalf of an indigent party upon certifying that the attorney is providing representation without compensation and is personally familiar with the Local Bankruptcy Rules of this Court.

(f) Appearance at All Proceedings.

(1) Appearance by Attorney for the Debtor. Any attorney who makes a general appearance on behalf of a debtor in a bankruptcy case must be present and appear at all Court proceedings involved in the case that the debtor is required to attend under any provision of the Bankruptcy Code, the Bankruptcy Rules, the Local Bankruptcy Rules, or order of the Court, (i) unless excused from the hearing by the Court; (ii) given permission to withdraw; (iii) has filed a pleading stating that the debtor has no objection to, or does not oppose, the relief requested; or (iv) has endorsed without objection an order resolving the pleading.

(2) Appearance by Other Attorney of Record. Any attorney who has filed a pleading in a bankruptcy case must be present and appear at all Court proceedings involving that pleading unless the attorney: (i) has been excused by the Court; (ii) has been given permission to withdraw by order of the Court; or (iii) has provided opposing or another attorney appearing at the initial pretrial conference with available dates so that a trial date can be established.

(g) Duties of Debtor's Attorney.

(1) If a debtor is represented by an attorney generally in a case, another attorney may enter an appearance limited to specific matters in the case, such as a motion for relief, another contested matter, an adversary proceeding, or an appeal, without entering a general appearance on behalf of the debtor. As applicable, the debtor or such attorney must file an application to employ and a Bankruptcy Rule 2016(b) statement disclosing the scope of the representation and the fees charged and paid (or to be paid) for such representation. Such representation shall be limited solely to the matters described in the Bankruptcy Rule 2016(b) statement.

(2) Unless the attorney has withdrawn as attorney for the debtor pursuant to Local Bankruptcy Rule 2091–1, an attorney who files a petition on behalf of a debtor must advise the debtor of, and assist the debtor in complying with, all duties of a debtor under 11 U.S.C. § 521.