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Attorneys – Changes in Attorney of Record for Parties in Cases or Proceedings

Local Rule Number: 
Rule 2091-1
2000 Series

Withdrawal from representation of a client shall require leave of court, after notice served on all affected parties, except in the following instances:

(A)      Withdrawal by Attorney for Creditor in an Uncontested Matter: An attorney representing a creditor who is not a party to any pending contested matter or adversary proceeding may file a notice of withdrawal of his or her appearance in each affected case or proceeding. Copies of the notice must be served on all interested parties.

(B)       Joint Notice of Substitution of Counsel in a Contested Matter: An attorney for a creditor or chapter 7 or 13 debtor seeking to withdraw from representing a client in a case or proceeding at a time when such client is represented by new counsel of record may file a joint notice with counsel seeking to be substituted as counsel of record for the client, in each affected case or proceeding. Such notice shall contain a statement that the client has consented to the substitution or be signed by the client, and be served on all interested parties.

(C)       Substitution of Attorney in Same Firm: An attorney with the same firm as an attorney initially employed by a client pursuant to Local Rule 2014-1, may substitute as counsel for that client by filing a notice in each affected case or proceeding containing a statement that the client has consented to the substitution, and serving the notice on all interested parties, unless the attorney initially employed was the signatory to the “Affidavit of Proposed Attorney for Debtor in Possession/Trustee” or new counsel, if applicable, is not disinterested or represents a materially adverse interest.

The provisions of this rule shall be subject to the requirements of the Bankruptcy Code, the Bankruptcy Rules and this court’s Local Rules with regard to retention of professionals, disclosure, payment of professionals and related matters and is not intended as an exception to any other requirement. [Comment: See also Local Rules 2002-1(G) (attorney change of address) and 2002-1(H) (“Master Service List” in chapter 11 cases) and 2014 -1 (A) Employment of Professionals and 2090-1 “Attorneys”.]

[Comment: See also Local Rules 2002-1(G) (attorney change of address) and 2002-1(H) (“Master Service List” in chapter 11 cases) and 2014 -1 (A) Employment of Professionals and 2090-1 “Attorneys”.] 

☞ 2015 Amendment:  Rewritten for clarity and to allow more instances where leave of court is not required.