Local Rule 2091-1: Extent of Attorney's Duty to Represent

Local Rule 2091-1 Extent of Attorney's Duty to Represent

(a) Duty to Represent Debtor. Any attorney who files a bankruptcy petition for or on behalf of a debtor shall remain the responsible attorney of record for all purposes, including the representation of the debtor in all matters that arise in the case and conversion to another chapter, with the following exceptions:

(1) In a Chapter 7 case, the attorney is not required to represent the debtor in an adversary proceeding so long as this exception is included in the attorney's fee agreement with the debtor.

(2) In a case involuntarily converted to a Chapter 7, the attorney shall make a diligent effort to prepare post-conversion schedules. Unless otherwise ordered, the duty to represent the debtor shall terminate at the conclusion of the final scheduled § 341 meeting of creditors; however, in order to withdraw from representing the debtor, the attorney must satisfy paragraph (b) of this local rule.

(b) Relief from Duty to Represent. An attorney is automatically deemed relieved of the duty to represent the debtor when the debtor's case is closed. Alternatively, an attorney may be relieved of the duty to represent the debtor only upon motion and, after notice and a hearing, the order of this court.

(c) Entry or Substitution of Legal Counsel. By and with the consent of a debtor, an attorney may file a motion to become legal counsel for the debtor. If, at the time the motion is filed, the debtor is without an attorney of record, such motion may be considered ex parte. If, the debtor has an attorney at the time such motion is filed, the motion shall be filed with notice of opportunity for hearing pursuant to Local Rule 9013-1(e).

An order allowing substitution of a debtor's attorney also may provide for the withdrawal of the debtor's previous attorney; otherwise, the prior attorney shall be relieved of further duty to represent the debtor only as provided in paragraph (b) of this local rule.

(d) Duty to Represent Any Other Party in Interest. An attorney who files a notice of appearance, response, motion, or other pleading on behalf of a creditor, trustee, or any other party in interest shall remain the responsible attorney of record for all purposes, including the representation of the party in all matters that arise in the case, unless:

(1) A notice of substitution of counsel is filed and served in accordance with paragraph (e) of this local rule;

(2) A notice of disinterest is filed with the court; or

(3) The court so orders.

(e) Substitution of Legal Counsel by Any Other Party in Interest. Except as required by the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, or these Local Rules, substitution of legal counsel by any other party in interest shall be effective upon the filing of a notice of substitution of counsel. The notice shall be served upon the debtor, the debtor's attorney, the trustee, the prior legal counsel of the party in interest, and any other party in interest if the substitution concerns a pending matter before the court or reconsideration of a matter previously pending before the court.