Local Rule Rule 5.2: Appearances; Withdrawal as Counsel

Rule 5.2. Appearances; Withdrawal as Counsel

(a) Appearances. The attorney for each party in any cause shall promptly file an appearance, giving the address where all notices and papers may be served upon the attorney. Only members of the Bar of this Court may appear as counsel in civil cases. Only individuals who are parties in civil cases may represent themselves. Other than in the case of an individual proceeding pro se, non-attorneys are not permitted to represent a party before this Court.

(1) An attorney appearing pro hac vice must file a written notice of appearance promptly upon being sworn in. An attorney who fails to comply with this requirement will not be permitted to participate in a court proceeding.

(2) A regularly admitted attorney must file a notice of appearance in a case before electronically filing a document in the case.

(3) A regularly admitted attorney may participate in a court proceeding without filing a notice of appearance as long as at least one attorney from that attorney's office has filed a notice of appearance.

(4) An attorney substituting into a case must promptly file a notice of appearance.

(b) Withdrawal. No attorney may withdraw an appearance except (1) with leave of Court after notice to the attorney's client, or (2) as part of a formal substitution of new counsel for the withdrawing attorney. All motions for withdrawal as counsel shall include a verified statement as to contact with or attempts to contact the client concerning such withdrawal and proof of service upon, or an indication of efforts to serve, the client with the moving papers.

(1) Withdrawal of representation of an individual. Unless otherwise directed by the Court, when an attorney representing an individual moves to withdraw as counsel for the individual, the Court will set a hearing on a motion to withdraw at which the individual represented must personally appear. Any request to appear by video or teleconference, in lieu of personal appearance, must be made by motion at least three days before the hearing and will be granted only upon a showing of good cause. If no substitute counsel has appeared on the party's behalf prior to the hearing, the party must acknowledge on the record that he or she understands that it is his or her responsibility to perform all duties imposed upon counsel by these Rules and all other applicable Federal Rules of procedure in the event the party is proceeding pro se.

(2) Withdrawal of representation of an entity. Withdrawal from representation of an entity defendant shall not be permitted absent substitute counsel making an appearance on the party's behalf or leave of Court. A motion seeking leave of Court to withdraw shall:

(i) identify a current representative of the entity who has the authority to act for the entity;

(ii) describe how that representative has been involved in communications relating to the litigation during the history of the litigation;

(iii) indicate whether the entity continues to do business;

(iv) state whether the entity has terminated counsel or whether it is counsel's decision to withdraw; and

(v) provide such other information as may be relevant to assist in the Court's decision to allow counsel to withdraw.

The information required in 5.2(b)(2) may be submitted in camera to the extent necessary to protect attorney-client confidences or to avoid prejudicing the client's position in the litigation.

(3) Factors considered by the Court. In considering whether to allow an attorney to withdraw and leave an entity without counsel, the Court may consider:

(i) the conduct of both the client and counsel that led to the motion to withdraw;

(ii) whether such conduct is in good faith or for other purposes, such as delay;

(iii) the effect of the withdrawal upon the administration of justice and the other parties to the litigation;

(iv) whether counsel's ethical obligations preclude continued representation; and

(v) any other relevant factor.

If the Court allows counsel to withdraw without a substitute, the Court will take appropriate measures to ensure that the entity is aware that the failure to retain substitute counsel within a time certain could result in the striking of its pleadings, the entry of default and/or entry of an adverse judgment against the entity.