Local Rule RULE 2091–1: Attorneys – Withdrawals

RULE 2091–1 Attorneys – Withdrawals

(a) Withdrawal Generally. Except as otherwise provided in this Local Bankruptcy Rule or by order of the Court, an attorney may not withdraw in any case or proceeding except by leave of Court. A motion for leave to withdraw shall be filed and served using the notice procedures of Local Bankruptcy Rule 2002–1. The notice shall provide for a seven (7) day response period and shall be served on the client, parties in interest affected thereby, and opposing attorney (if any).

(b) Withdrawal for Party in Interest Other than the Debtor or an Official Committee. An attorney for a party in interest other than the debtor or an Official Committee who is not a party to any pending contested matter or adversary proceeding may withdraw their appearance without Court order by filing a notice of withdrawal as attorney; stating the name and mailing address of the client; and serving copies of the notice on the client, the debtor, the trustee, the United States Trustee, and their attorneys.

(c) Withdrawal of Co-Attorney of Record. An attorney seeking to withdraw from representing a client in a case or proceeding at a time when such client is represented by other attorney of record in such matter may withdraw their appearance by filing a notice of withdrawal that is approved and signed by the client and other attorney of record for the client, and serving copies of the notice on parties in interest entitled to notice.

(d) Substitution of Attorney. An attorney seeking to withdraw from representation of a client may file a joint motion or stipulation with the attorney seeking to be substituted in as attorney for such client, in the relevant case or proceedings, requesting authority of the Court for substitution of attorney. Such motion or stipulation shall certify that the client has consented to the substitution or be signed by the client, and such motion or stipulation shall be served on the client and parties in interest entitled to notice. The Court may consider a joint motion or stipulation for substitution of attorney without a hearing. Substitution of attorney is subject to the requirements of the Bankruptcy Code, the Bankruptcy Rules, and this Court's Local Bankruptcy Rules with regard to retention of professionals, disclosure, payment of professionals, and related matters.

(e) Substitution of Attorney Within Same Law Firm. If an attorney who is a member of the same law firm as the attorney of record wishes to substitute as attorney for a party in place of the attorney of record because (1) the attorney of record is leaving the law firm or (2) the attorney of record will no longer serve as attorney of record, the substituting attorney may file a notice of substitution of attorney ("Notice of Substitution") without leave of Court. The Notice of Substitution shall include a representation that the client has been informed of and consents to the substitution.