Local Rule RULE 2091-1: WITHDRAWAL OF ATTORNEY
Bankr. N.D.N.Y. — Attorney rule
RULE 2091-1 WITHDRAWAL OF ATTORNEY
(a) Withdrawal of Attorney of Record. Withdrawal of an attorney of record must comply with applicable rules of professional conduct.
(1) Same Firm, Different Attorney. Where the firm representing a client remains the same, but the attorney appearing of record changes, withdrawal may be accomplished by the filing of a notice of appearance by new counsel and the filing of a letter withdrawing the notice of appearance by the withdrawing attorney.
(2) With Consent.
(A) Debtor's Attorney. The withdrawing attorney must file a consent to change attorney signed by the withdrawing attorney, the client, and the attorney who is to be substituted as counsel.
(B) Other Attorney of Record. The attorney who is to be substituted as counsel must file a notice of appearance.
(3) Without Consent. An attorney who has appeared in a case or adversary proceeding may withdraw only upon notice and motion and an order of the Court granting leave to withdraw. Notice shall be given to the client, the United States trustee, the trustee, any § 1104 trustee, any appointed committee, and any party having filed a notice of appearance. If the Court grants leave to withdraw, withdrawing counsel shall serve a copy of the order upon the affected party and file a certificate of service.
(b) Withdrawal of Limited Notice of Appearance. An attorney who has appeared for the limited purpose of receiving notices, may be relieved of representation upon the filing of a written notice of withdrawal.
Comment Attorneys shall be governed by applicable rules governing their practice, which for New York counsel are the New York Rules of Professional Conduct (22 NYCRR Part 1200).