Rule 44 Withdrawal of Counsel
Part A. General Rules | A-XII. Miscellaneous Provisions
Rule Text
Effective upon approval by the court, an attorney may withdraw as counsel in matters pending before the court by filing a Withdrawal of Counsel and Substitution of Counsel, if any, signed by the client, evidencing the client's agreement to the withdrawal. If the client's consent cannot be obtained or if the attorney finds it necessary to withdraw because of a conflict of interest under Rule 42(b) or (c), an attorney may withdraw as counsel only upon filing a petition to withdraw, giving notice to the client, and receiving the approval of the court. Withdrawals are subject to the guidelines of Rule 1.16 of the Hawaiʻi Rules of Professional Conduct and other applicable law. The court shall determine the division of fees between the attorney who has withdrawn and the new attorney if mutual agreement cannot be reached.
Amendment history: Amended November 12, 1997, effective December 15, 1997.