Local Rule LR 9010-2: Withdrawal and Substitution of Attorneys of Record

LR 9010-2 Withdrawal and Substitution of Attorneys of Record

(a) Withdrawal of counsel for the debtor. An attorney for the debtor may not withdraw or be terminated from representation of the debtor without court approval. Court approval of the withdrawal or termination may be obtained in one of the following ways:

(1) In the absence of successor counsel or consent of the debtor, an attorney who seeks to withdraw as counsel for the debtor must file a motion to withdraw. Notice of the motion must comply with Local Rule 9014-1, and the motion must be served on the debtor, any adverse parties in a pending contested matter or adversary proceeding, the trustee, and the United States trustee.

(2) If the debtor has successor counsel and the debtor has consented:

• The debtor's current counsel and successor counsel may file a stipulation for substitution of counsel, or a stipulation for withdrawal of an attorney if multiple attorneys have already appeared, along with a motion to approve the stipulation. The stipulation must certify that the debtor was notified of and consents to the substitution or withdrawal and explain how and when the debtor's consent was obtained; or • The debtor's successor counsel may file a motion to terminate the appearance of the debtor's original counsel. The motion must certify that the debtor was notified of and consents to the termination and explain how and when the debtor's consent was obtained. Notice of the motion must comply with Local Rule 9014-1, and the motion must be served on the debtor and the attorney whose representation is to be terminated.

• The filing of a stipulation or motion under this subsection results in immediate appearance for the debtor of all counsel signing the motion or stipulation who have not already appeared.

• Unless the court orders otherwise, representation by an attorney who has appeared for the debtor terminates upon entry of an order discontinuing the attorney's services, permitting a substitution of debtor's counsel, or granting the attorney's request to withdraw.

(b) Withdrawal of counsel for non-debtor parties.

(1) In the absence of successor counsel or client consent, an attorney who seeks to withdraw as counsel for a non-debtor party must file a motion to withdraw. Notice of the motion must comply with Local Rule 9014-1 and the motion must be served on the represented party, any adverse parties in a pending contested matter or adversary proceeding, the trustee, and the United States trustee.

(2) If a non-debtor party has successor counsel and the client has consented, an attorney may withdraw by filing a notice of withdrawal. The notice must certify that successor counsel for the party already has appeared, that the client was notified of counsel's intent to withdraw, and that the client consents to the withdrawal. Unless the court orders otherwise, representation of a non-debtor party terminates upon the filing of the notice of withdrawal.

(3) If a non-debtor party is not involved in a pending contested matter or adversary proceeding and the client has consented, an attorney may withdraw by filing a notice of withdrawal. The notice must certify that the client was notified of counsel's intent to withdraw and that the client consents to the withdrawal. Unless the court orders otherwise, representation of the non-debtor party will terminate upon the filing of the notice of withdrawal.

(c) Payment of allowed compensation by a chapter 12 or 13 trustee when there is a successor counsel for the debtor. Regardless of any substitution, withdrawal, or termination of representation of counsel for the debtor, when a confirmed plan under chapter 12 or 13 directs a trustee to pay allowed administrative expenses to a debtor's counsel, the trustee must continue to pay the counsel entitled to payment when the court confirms the plan, unless an order or stipulation between the original and successor counsel on file with the court directs otherwise.

(d) Multiple case withdrawal, substitution, or termination. Multiple cases or proceedings may be combined in the same notice, stipulation, motion, or proposed order under this Local Rule only if the cases are assigned to the same judge. Multiple cases assigned to different judges may not be combined in the same document. This Local Rule's notice, certification, and consent requirements apply to every affected client.

(e) Multiple representation; appearance by notice or filing; counsel of record. Nothing in this Local Rule limits any party's ability to be represented simultaneously by more than one attorney in any case or proceeding. An attorney appears for a party by filing a notice of appearance or by filing any document on the party's behalf. If a party is represented by multiple attorneys in the same case or proceeding, the attorney who first appears will be deemed counsel of record, unless the party makes a different designation or the court orders otherwise.