Local Rule 2091-1: Attorneys — Withdrawals & Substitutions

2091-1 Attorneys — Withdrawals & Substitutions

(a) Withdrawal Generally. Except as otherwise provided in this 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 on the client, parties in interest, the trustee (if applicable), the United States trustee and opposing counsel.

(b) Withdrawal for Party in Interest Other Than the Debtor(s). An attorney for a party in interest, other than the debtor(s), who is not a party to any pending contested matter or adversary proceeding may withdraw his or her 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(s), the trustee (if applicable) and the United States trustee.

(c) Withdrawal of Co-Counsel. An attorney seeking to withdraw from representing a client in a case or adversary proceeding at a time when such client is represented by other counsel of record in such matter may withdraw his or her appearance by filing a notice of withdrawal that is approved and signed by the client and other counsel of record for the client. Copies of the notice shall be served on parties in interest.

(d) Substitutions of Counsel. Counsel seeking to withdraw from representation of a client may file a joint motion with counsel seeking to be substituted as counsel for such client, in the relevant case or proceedings, requesting authority of the court for substitution of counsel. Such motion shall certify that the client has consented to the substitution or be signed by the client and such motion shall be served on the client and parties in interest. The court may grant a joint motion for substitution of counsel without a hearing. Substitution of counsel is subject to the requirements of the Bankruptcy Code, Bankruptcy Rules, Local Bankruptcy Rules and Administrative Orders of the court with regard to retention of professionals, disclosure, payment of professionals and related matters.

(e) Substitution of Counsel Within Same Law Firm. If an attorney from the same law firm as the attorney of record wishes to substitute as counsel for a party in place of an 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 shall file a notice of substitution of counsel without leave of court.

(f) Substitutions in Multiple Cases. If any attorney is to be substituted in twenty cases or more, then the attorney is to initiate a miscellaneous proceeding by filing a Joint Motion Substituting Attorneys or a Motion Substituting Attorneys with an accompanying agreed or proposed order. The agreed or proposed order shall be uploaded in CM/ECF using the electronic orders module. Either the Joint Motion Substituting Attorney or an attachment (or exhibit) to the motion shall provide a list of all active cases in which a substitution is to occur. For substitutions of counsel in Chapter 13 or Chapter 12 cases, the Joint Motion and proposed order shall state the manner in which any future attorney's fees in the substituted cases shall be paid by the trustee. Counsel shall provide at least 24 hours' notice to the United States Trustee's Office before filing the Joint Motion Substituting Attorney.