TITLE THREE — PLEADINGS AND MOTIONS
Rule 11.1. Withdrawal and Substitution of Counsel
The Attorney of Record. An attorney becomes the attorney of record for a party when a notice of appearance naming that attorney and that party is accepted by the clerk, or when the attorney is designated as counsel at the commencement of the case. The electronic filing system records a single link between a party and that party’s attorney of record. That link determines who is served with every filing accepted in the case, who may file on behalf of the party, and who is responsible to the court for the conduct of the party’s case.
How the Link Is Severed. The link between a party and an attorney of record is severed in only two ways: by the clerk’s rejection of a notice of appearance, and by the acceptance of a notice of appearance entered by successor counsel for the same party, which reassigns the link. No notice, motion, order, stipulation, or announcement severs the link by its own force.
Substitution.
Substitution of counsel is accomplished by successor counsel’s entering an appearance for the party under Rule 11(2). Upon acceptance of that appearance, successor counsel becomes the attorney of record and predecessor counsel ceases to be the attorney of record.
Substitution may be made without leave of court where (1) the notice of appearance of successor counsel is filed contemporaneously with the withdrawing attorney’s notice of withdrawal; (2) no motion is then pending before the court; and (3) no trial date has been set. Under all other circumstances, leave of court, on motion and notice, must be obtained.
A notice of withdrawal filed under this subdivision shall identify successor counsel by name and username, shall state that the client has been informed of the substitution, and shall state the Bates number of the filing by which successor counsel entered an appearance, if it is then known.
Substitution does not by itself enlarge any period, continue any hearing, or postpone the trial. Successor counsel takes the case as it stands.
Withdrawal Without Successor Counsel.
An attorney who seeks to withdraw without successor counsel shall file a motion for leave to withdraw. The motion shall state the reason for the withdrawal, shall state whether any motion is pending and whether a trial date has been set, shall state the username and last known means of contact of the client, and shall certify that the client has been informed of the motion and of the consequences of proceeding without counsel.
The court shall not grant leave where the withdrawal would materially prejudice the client or delay the action, unless the interests of justice require it. The court may condition leave upon the completion of specified work, upon the client’s entering an appearance for himself, or upon such other terms as are just.
An order granting leave to withdraw does not of itself sever the link recorded by the electronic filing system. The withdrawal is effective only when the clerk acts upon the appearance, and until the clerk acts the attorney remains the attorney of record, continues to be served with every filing accepted in the case, continues to be bound by every order of the court, and remains responsible for the conduct of the party’s case.
An attorney who files a notice of withdrawal and takes no further step remains the attorney of record. Such an attorney is not relieved of any duty by the filing of that notice.
Upon entry of an order granting leave to withdraw, the clerk shall act upon the appearance so as to sever the link, and shall record the party as appearing without counsel unless successor counsel has entered an appearance. The clerk shall so act promptly and shall note the action upon the docket.
Continuing Duties. Until the link is severed, an attorney of record shall:
accept and act upon every filing served through the electronic filing system;
appear at every hearing and conference set by the court;
inform the client of every order affecting the client’s rights; and
preserve and, upon severance, deliver to the client or to successor counsel the papers and property of the client.
Death, Suspension, Disbarment, or Incapacity. Where an attorney of record dies, is suspended, is disbarred, or becomes incapable of continuing, the party shall enter an appearance in person or by successor counsel, and any adverse party or the court may move for an order directing the clerk to sever the link. The court shall stay proceedings for such period as is reasonably necessary, and shall not enter a default or a dispositive order against the affected party during that stay.
Withdrawal by a Government Attorney. The Solicitor General, or an attorney designated by the Solicitor General, who ceases to defend an agent of the government under 7 R. Stat. § 122.008 shall file the notice required by Rule 8(7)(5) and shall proceed under this rule. The refusal to defend does not sever the link until the clerk acts.