Local Rule 2091: Withdrawal and Substitution of Counsel

L.R. 2091 – Withdrawal and Substitution of Counsel. A. Except as provided in subsection C of this Rule, an attorney of record may withdraw from a case, adversary proceeding, or contested matter only by way of a motion and order of the Court granting the attorney leave to withdraw. A motion to withdraw must be served upon (1) the attorney's client, (2) the Trustee, (3) the United States Trustee and (4) all persons and entities having entered their appearances in the case, adversary proceeding or contested matter.

B. An order authorizing an attorney of record to withdraw may be granted without hearing if no objections to the motion to withdraw are filed within 7 days following the filing of the motion. If an objection to a motion to withdraw is filed, the Court will schedule a hearing to consider the motion and any objections thereto.

C. If new counsel is to be simultaneously substituted for a withdrawing attorney, then no motion to withdraw shall be necessary. Rather, a Notice for Substitution of Counsel shall be filed with the Court. Furthermore, the substituting counsel shall file a Form 2016(b) Disclosure of Compensation.

D. In a case under chapter 13, the Trustee shall cease payments to withdrawing counsel for the debtor upon entry of an order authorizing withdrawal or upon the filing of a Notice for Substitution of Counsel, as the case may be.

E. In a case under chapter 13, substitute counsel for the debtor shall be bound by withdrawing counsel's fee election unless the Court, on motion and for cause, orders otherwise. As such, absent a Court order to the contrary, and an amended plan if appropriate, the chapter 13 Trustee shall only disburse to substitute counsel those attorney's fees remaining unpaid, if any.