Local Rule Local Civil Rule 1.4: Attorney Appearances; Withdrawal or Displacement of Attorney of Record; Limited-Scope Representation

Local Civil Rule 1.4. Attorney Appearances; Withdrawal or Displacement of Attorney of Record; Limited-Scope Representation

(a) Attorney appearances. Except as otherwise set forth in this rule, each attorney appearing on behalf of a party must file a notice of appearance promptly on or before the attorney's first appearance in court or filing in the case. The notice of appearance must provide the attorney's name, any firm or organizational affiliation, business address, telephone number, email address, and the name of the party or parties represented.

An attorney who files a case-initiating document, such as a complaint, petition, or notice of removal, need not file a separate notice of appearance; such an attorney shall be deemed to have entered a notice of appearance on behalf of the party or parties on whose behalf the filing is made.

(b) Attorney withdrawals. Except where an attorney has filed a notice of limited-scope appearance as set forth in subsection (c), an attorney who has appeared for a party may be relieved or displaced only by order of the court. Such an order may be issued following the filing of a motion to withdraw, and only upon a showing by affidavit or otherwise of satisfactory reasons for withdrawal or displacement and the posture of the case, and whether or not the attorney is asserting a retaining or charging lien. While a motion to withdraw is required whenever an attorney seeks to be relieved, an affidavit is unnecessary if (1) another attorney from the same firm, agency, or organization has already entered a notice of appearance on behalf of the client and will remain in the case or (2) upon substitution of counsel by stipulation, if the stipulation is also signed by the client and, at the time of substitution, the new attorney does not intend to seek modification of any existing deadlines or dates for court appearances in the case.

All motions to withdraw must be served upon the client and (unless excused by the court) upon all other parties. Proof of such service upon the client shall be filed on the docket in each case where withdrawal is sought.

(c) Limited-scope representation. Unless otherwise ordered by the court, an attorney may provide limited-scope representation to a party in a civil case.

(1) Where a party and an attorney have agreed to limited-scope representation, the attorney must file a notice that describes the scope of the representation for any matter that may require the attorney to file papers with the court; appear before a judge, arbitrator, or mediator; or communicate with opposing counsel. Notice is not required if the attorney is providing short-term, limited legal services under a program sponsored by a court, government agency, bar association, or not-for-profit legal services organization unless the attorney will file papers with the court; appear before a judge, arbitrator, or mediator; or provide continuing representation in the matter. A party to whom limited-scope representation is being provided or has been provided is considered unrepresented regarding matters not designated in the notice of limited-scope representation and regarding all matters unless attorneys for all other parties have been provided with the notice of the limited-scope representation.

(2) During any period that a party receives limited-scope representation from an attorney who has filed a notice of appearance, papers must be served on both the party and the attorney.

(3) A limited-scope representation terminates without the need for leave of court once the attorney files a notice stating that the tasks for which the appearance was entered have been completed. The notice must include a certificate of service on the client. If any attorney who has filed a notice of appearance seeks to withdraw before completion of the limited-scope representation, the attorney must follow the procedure set forth in subsection (b).

For relevant historical context for this local rule, consult the Appendix of Committee Notes.