Rule 4-3 Attorney Withdrawal

(a) An attorney who wishes to withdraw as counsel for any party after appearing of record in any matter pending before the Court shall submit a written request to the Court with a proposed order permitting such withdrawal. The request shall state that the attorney has given written notice to the affected client setting forth the attorney's intent to withdraw, that ten days have expired since the notice, and that there has been no objection to withdrawal or the withdrawal is with the client's consent. The request to withdraw shall be granted unless, in the Judge's discretion, doing so would delay the trial or otherwise interrupt the orderly operation of the Court or be manifestly unfair to the client.

(b) The attorney requesting an order permitting withdrawal shall give notice to opposing counsel. A notice of withdrawal shall be filed with the Clerk and served upon the withdrawing attorney's client personally or at that client's last known physical mailing and e-mail addresses. The notice of withdrawal shall also contain at a minimum all the following information:

(1) The attorney wishes to withdraw.

(2) The Business Court retains jurisdiction over the action.

(3) The client has the burden of keeping the Court informed of the address where notices, pleadings, or other documents may be served.

(4) The client has the obligation to prepare for trial or hire new counsel to prepare for trial when the trial date has been scheduled.

(5) The client has the obligation to actively participate in the discovery process (e.g., responding to discovery requests) and to respond to all motions filed in the case.

(6) If the client fails or refuses to meet the burdens described in this rule, the client may suffer adverse consequences.

(7) Dates of any scheduled proceedings (including trial) and that the holding of scheduled proceedings will not be affected by the withdrawal of counsel.

(8) Service of notices may be made upon the client at the client's last known mailing address.

(9) If the client is a corporation, that a corporation may only be represented in the Court by an attorney, that an attorney must sign all pleadings submitted to the Court, and that a corporate officer may not represent the corporation in the Court unless that officer is also an attorney licensed to practice law in the State of Georgia or is otherwise permitted by law.

(10) Unless the withdrawal is with the client's consent, that the client has a right to object within ten days of the date of the notice. The withdrawing attorney must also state with specificity when the tenth day will occur.

(c) An attorney requesting to withdraw shall prepare a written notification certificate stating that the notification requirements have been met, the manner by which notification was given to the client, and the client's last known mailing and e-mail addresses and telephone number. The notification certificate shall be e-filed in accordance with the requirements of BCR 3-1. The attorney seeking withdrawal shall also provide a copy to the client by the most expedient means available due to the strict ten-day time restraint (e.g., e-mail, hand delivery, or overnight mail). After the entry of an order permitting withdrawal, the client shall be notified by the withdrawing attorney of the effective date of the withdrawal. After the effective date of the withdrawal, all notices or other documents shall be served on the party directly until new counsel enters an appearance.

(d) If an attorney has already filed an entry of appearance and the client wishes to substitute counsel, it shall not be necessary for the former attorney to comply with the requirements in sections (a), (b), and (c) of this rule. Instead, the new attorney shall file with the Clerk a notice of substitution of counsel signed by the new attorney. The notice of substitution of counsel shall contain the style of the case and the name, mailing address, e-mail address, telephone number, and State Bar number of the substitute attorney. The new attorney shall e-file a copy of the notice with the Court (as required by BCR 3-1) and serve a copy of such notice on the former attorney and all other parties or their counsel. No further action shall be required by the former attorney to withdraw from representing the party. The substitution shall not delay any proceeding or hearing in the case.