Local Rule Rule 9010-1: Attorney—Notice of Appearance; Withdrawal.

Rule 9010-1. Attorney—Notice of Appearance; Withdrawal.

(a) General and Special Admission. To practice before this court, an attorney must be generally or specially admitted.

(1) General Admission. An attorney is generally admitted if generally admitted to practice before the district court of this district.

(2) Special Admission—Attorneys Admitted to Practice in Courts Outside this District. Using LBF 120, an attorney may apply to be specially admitted for a particular case or adversary proceeding if the attorney is admitted to practice generally before any United States court or the highest court of any state, territory, or insular possession of the United States and the attorney and associates with local counsel generally admitted in this district who will meaningfully participate in the case or proceeding, including in the preparation and trial of any contested matter or adversary proceeding.

(3) Special Admission—Government Attorney. An attorney who is admitted to practice generally before any United States court or the highest court of any state, territory, or insular possession of the United States and who represents in a case or proceeding in this court the United States, an Indian treaty tribe, a state, or any agency of those sovereigns is automatically specially admitted for the case or proceeding.

(4) Special Admission—Law Student.

(A) A generally admitted attorney may apply for a law student's special admission to practice before this court in a particular case or proceeding if the attorney is the attorney of record for the client in the case or proceeding in which the student will represent the client, the student satisfies the Rules for Admission of Attorneys of the Supreme Court of the State of Oregon (Oregon Admission Rules), the student's law school dean has made and filed with the Oregon State Court Administrator the certification described in the Oregon Admission Rules, the attorney has explained to the client the nature and extent of the student's participation, the attorney has obtained and filed the client's written consent to the participation, and the attorney agrees to supervise the student as required by the Oregon Admission Rules.

(B) If the student is specially admitted, the attorney has the supervisory responsibilities prescribed by the Oregon Admission Rules and must appear when the student appears before this court.

(C) The student's special admission terminates automatically when the certification expires or is withdrawn or terminated under the Oregon Admission Rules, at which time the attorney or the student must file notice of the expiration, withdrawal, or termination if the case or proceeding then remains pending.

(D) Except as otherwise set forth in this (4), the provisions of this rule applicable to a specially admitted attorney apply to a specially admitted student.

(b) Change of Status of Attorney. A generally or specially admitted attorney must notify the clerk and the chief judge of this court within 14 days after the attorney has–

(1) entered any admission status before the Oregon State Bar other than active status, including changing to inactive status for any reason,

(2) been suspended or disbarred from practice by any court,

(3) been convicted of a felony in a state or federal court,

(4) resigned from the bar of any court while an investigation was pending into allegations of misconduct warranting suspension or disbarment, or

(5) been notified of a change in admission status in any jurisdiction that would affect the attorney's eligibility for special admission in this court.

(c) Representation of an Organization. Except as permitted by (d) and except for child-support creditors or their representatives appearing in accordance with Section 304(g) of the Bankruptcy Reform Act of 1994, Pub. L. No. 103-394, 108 Stat. 4134 (1994), any entity that is not an individual, including a corporation, partnership, association, limited liability company, or limited liability partnership, may file documents or appear before this court only through an admitted attorney.

(d) Self-Represented Creditor and Creditor Represented by Nonadmitted Attorney. A creditor, acting without an attorney or through a nonadmitted attorney, may file and amend a proof of claim; sign a stipulation allowing, modifying, or disallowing a proof of claim; or file a document via ePOC or, if authorized by a court ECF registrar, an ECF event under the "Creditor Claimant" menu.

(e) Action by Represented Party. A party represented by an attorney in this court may not file documents in or appear before this court except through the attorney.

(f) Attorney of Record.

(1) If a party is represented by one admitted attorney, the attorney is the attorney of record. If a party is represented by more than one admitted attorney, the attorney of record is the attorney designated as such in the first document filed on behalf of the party or, if no designation is made, the first attorney named in that document. As used in this rule, and notwithstanding § 101(4), an attorney of record is an individual, not a law firm.

(2) The name of the attorney of record must appear on each document filed on behalf of the party, but the document may be signed or filed by another attorney in the attorney of record's firm.

(3) An attorney of record may be replaced as such by another admitted attorney—including one specially admitted—without leave of court. The new attorney of record must file a notice of substitution of attorney of record. If the substitution affects more than one case or proceeding, the notice may list all affected cases or proceedings but must be filed in each.

(4) Service on a party's attorney that is permitted or required by FRBP 7004(g) or (h)(1) or 7005 or by these rules must be made on the party's attorney of record.

(g) Change of Address, Email Address, or Telephone Number. If an attorney of record's address, email address, or telephone number changes, the attorney must change that information in ECF. If the attorney has received a waiver of the obligation to file or lodge by ECF under LBR 5005-4(b)(2), the attorney must file a notice of the change including the attorney's OSB# (if any), new information, and the effective date of the change. A change notice must be served on other parties to any pending matter or proceeding in which the attorney is an attorney of record.

(h) Attorney's Withdrawal from Representation.

(1) When Leave of Court not Required.

(A) An attorney who is not currently the attorney of record for a client, or who is the attorney of record for a client who is neither a debtor nor a party to a pending contested matter or adversary proceeding, may withdraw from the representation without leave of court, but if the attorney filed a notice of appearance, the withdrawing attorney must file notice of withdrawal.

(B) The attorney of record for a debtor or for a party to a pending contested matter or adversary proceeding may withdraw in conjunction with or after a substitution of attorney of record by which the attorney ceases to be attorney of record.

(2) When Leave of Court Required. Except as permitted by (1), an attorney of record may withdraw only with leave of court. A motion for leave to withdraw must be supported by the attorney's declaration, and the motion and declaration must be served on the client and other parties to any pending contested matter or adversary proceeding to which the attorney's client is a party.

(A) Withdrawal by Attorney for Any Party. The motion must state—

(i) the reasons withdrawal is sought,

(ii) the status of all pending contested matters and adversary proceedings to which the attorney's client is a party, including any future hearing dates and deadlines,

(iii) whether the client has provided informed consent to the withdrawal under the Oregon Rules of Professional Conduct (ORPC) and if the client has not done so, summarize the efforts made to communicate with the client,

(iv) the client's last-known contact information, including mailing address, phone number, and, if authorized by the client, an email address, and

(v) which, if any, disclosures required by (i), (iii), or (iv) above are omitted because the disclosure is prohibited by the ORPC.

(B) Withdrawal by Attorney for Debtor. In addition to the requirements of (A), a withdrawal motion by an attorney for a debtor must state—

(i) whether the attorney holds an unapplied retainer or received payment for services not yet performed and how the attorney will handle the retainer or payment.

(ii) if the attorney represents both individual debtors in a joint case, which, if either, of the debtors the attorney will continue to represent.

(iii) if the attorney represents a debtor in a chapter 7 case—

(I) and received a fixed fee for performing specified services, the agreed services and any services not yet performed, and state whether the fee is reasonable for the services performed.

(II) and made a limited-scope representation agreement with an individual debtor, whether the attorney has complied with (h) and performed all services required by the agreement.

(iv) if the attorney represents a debtor in a chapter 13 case and received from the debtor or was awarded by the court a fixed fee for the life of the case—

(I) the amount of the fee that has been paid, (II) any amount awarded that has not yet been paid, (III) whether the attorney requests payment of any remaining awarded-but-unpaid fee, and (IV) whether retention of the paid fee and any additional fee the attorney requests would be reasonable despite the attorney's withdrawal before case completion.

(i) Limited-scope Representation of Individual Chapter 7 Debtor. An attorney who agrees to file or assist a debtor in filing a bankruptcy petition, but not to represent the debtor in all matters relating to a case, must make a written fee agreement with the debtor that includes a detailed description of all services that the attorney will perform on behalf of the debtor. Adversary proceedings may be specifically excluded from the agreement. Before the debtor signs the agreement, the attorney must clearly explain to the debtor in writing the duties that the debtor may be required to perform without the attorney's assistance and the associated risks, and the debtor must sign and date an acknowledgment of receipt of the disclosures. The agreement must require the attorney to do at least the following:

(1) Counsel the debtor about all bankruptcy and nonbankruptcy options and the potential benefits and detriments of each.

(2) Assist the debtor with all aspects of the preparation of the petition, schedules, statement of financial affairs, and other documents required by FRBP 1007, including educational requirements.

(3) Explain the effects of a discharge.

(4) File the petition, schedules, statement of financial affairs, and other documents required by FRBP 1007.

(5) Assist with all matters through conclusion of the meeting of creditors, including informing the debtor of key deadlines, such as objecting to discharge, which may occur after the meeting.

(6) Represent and counsel the debtor with respect to the reaffirmation, redemption, surrender, or retention of consumer goods securing obligations to creditors.

(A) The attorney is not required by this rule to sign the attorney certification that is part of the reaffirmation agreement or appear at a hearing for court approval of a reaffirmation agreement.

(B) The attorney must advise and assist the debtor to complete any reaffirmation agreement completely, accurately, and internally consistently, including by reporting the debtor's income and expenses as of the time of the reaffirmation agreement and, where required, expenses excluding payments on the debt proposed for reaffirmation.

(7) Assist and respond to requests for information and documents from the chapter 7 case trustee, including responding to motions for turnover.

Cross-references: • Documents—Requirements of Form – LBR 9004-1. • Law-Student Appearance program – LBR 9011-2. • Mandatory ECF Filing – LBR 5005-4(b). • Motion Practice—Adversary Proceedings – LBR 7007-1. • Motion Practice—Contested Matters – LBR 9013-1. • Rules of Construction & Definitions – LBR 9001-1. • Voluntary Petition by Attorney in Fact – LBR 1002-1(a)(3).