Local Rule Rule 9010-1: Attorneys—Appearance and Withdrawal

Rule 9010-1. Attorneys—Appearance and Withdrawal

(a) Admission Required.

(1) Admission to Practice. No person, other than an individual representing themself, shall appear before this court unless that person is admitted to the bar of the district court or is otherwise authorized to practice before the district court under D. Me. Local R. 83.1(c)(2), 83.1(c)(3) and 83.6. All admitted attorneys are required to comply with D. Me. Local R. 83.3 and 83.5.

(2) Admission Pro Hac Vice. Upon motion by a member of the bar of the bankruptcy court, a member in good standing of the bar of any State may be permitted to represent a party, argue or try a matter as counsel. The motion for admission pro hac vice shall be accompanied by Local Form 8—Certification for Admission Pro Hac Vice.

(3) Exception—Attorneys Only Filing a Proof of Claim. An attorney need not comply with paragraphs (a)(1) or (a)(2) of this Local Rule in order to file a proof of claim.

(b) Filing Constitutes Appearance. Unless excepted in accordance with subsection (a)(3) or otherwise limited by an order of the court, filing any paper by an attorney constitutes an appearance in the case or adversary proceeding in which the paper is filed.

(c) Form. A filing and notice of appearance shall contain the name, address, e-mail address and telephone number of the person entering an appearance.

(d) Withdrawal.

(1) By Motion. A motion to withdraw as attorney and notice of hearing thereon shall be made and filed in accordance with applicable law and rule. The motion and accompanying proposed order shall state all pending cases, contested matters, clients, and adversary proceedings to which the motion to withdraw applies.

(2) Duties Upon Entry of Order Permitting Withdrawal. An attorney granted leave to withdraw shall immediately serve the order permitting withdrawal on the client.

(3) No Motion Required. An attorney may withdraw from a case or proceeding by filing and serving a notice of withdrawal as required by this Local Rule without filing a motion if one of the following conditions are met:

(A) another attorney will remain as record counsel for the client;

(B) such notice of withdrawal is accompanied or was preceded by a notice of the appearance of another attorney for the client and, if necessary, such employment is approved by the Court;

(C) the withdrawing attorney represents a government agency and is being replaced by another attorney from that government agency; or

(D) (i) such notice of withdrawal is accompanied by certification by the attorney seeking to withdraw that the client has been advised regarding the procedures and responsibilities related to appearing unrepresented, and that, after conferring with the attorney, the client has stated an intention to proceed unrepresented; and (ii) there is no motion, plan confirmation, or notice of sale pending before the court; and (iii) no trial date has been set.

(4) Service of Notice. Notice of withdrawal under (d)(3) shall be served on the following parties:

(A) the client;

(B) the United States trustee;

(C) the committee, if any;

(D) all parties appearing in the bankruptcy case who have requested service of all notices and pleadings; and

(E) all parties appearing in an adversary proceeding.