Rule 9.13 - Withdrawal as Counsel of RecordEnrolled attorneys have, apart from their own interests, continuing legal and ethical duties to their clients, all adverse parties, and the court. Accordingly, the following requirements govern any motion to withdraw as counsel of record:
(a) The withdrawing attorney who does not have written consent from the client shall make a good-faith attempt to notify the client in writing of the withdrawal and of the status of the case on the court's docket. The attorney shall deliver or mail this notice to the client before filing any motion to withdraw.(b) If the action or proceeding has been assigned to a particular section or division of the court, then the motion to withdraw shall be submitted to the judge presiding over that section or division.(c) Any motion to withdraw shall include the following information: (1) The motion shall state current or last-known street address and mailing address of the withdrawing attorney's client. The withdrawing attorney shall also furnish this information to the clerk of court.(2) If a scheduling order is in effect, a copy of it shall be attached to the motion.(3) The motion shall state whether any conference, hearing, or trial is scheduled and, if so, its date. (4) The motion shall include a certificate that the withdrawing attorney has complied with paragraph (a) and with Rule 1.16 of the Rules of Professional Conduct, Louisiana State Bar Association, Articles of Incorporation, Art. 16. A copy of the written communication required by paragraph (a) shall be attached to the motion. (5) If the motion is to withdraw upon completion of a limited appearance, the motion shall include a certification by the withdrawing attorney that the agreed upon limited services have been completed and that the withdrawing attorney has submitted all judgments or orders resulting from the limited appearance as ordered by the court. A copy of the relevant Notice of Limited Appearance shall be attached to the motion.(d) The court may allow an attorney to withdraw by ex parte motion if: (1) The attorney has been terminated by the client; or(2) The attorney has secured the written consent of the client and of all parties or their respective counsel; or(3) A limited appearance, as authorized by Rule 1.2(c) of the Rules of Professional Conduct and consented to by the client, has been completed; or (4) The case has been concluded.(e) The court may also allow an attorney to withdraw by ex parte motion if no hearing or trial is scheduled. (f) If paragraph (d) does not apply, then an attorney may withdraw as counsel of record only after a contradictory hearing and for good cause. All parties and the withdrawing attorney=s client shall be served with a copy of the motion and rule to show cause why it should not be granted. (g) If counsel's withdrawal would delay a scheduled hearing or trial, the court will not allow the withdrawal unless exceptional circumstances exist or limited representation was undertaken pursuant to a Notice of Limited Appearance and completed.(h) Paragraphs (a) through (f) do not apply to an ex parte motion to substitute counsel signed by both the withdrawing attorney and the enrolling attorney. The following rules govern such a motion: (1) The court may grant the motion without a hearing. Movers shall furnish the court with a proposed order. (2) Substitution of counsel will not, by itself, be good cause to alter or delay any scheduled matters or deadlines.Adopted April 1, 2002, effective 4/1/2002; amended October 29, 2003, effective 1/4/2004; amended November 20, 2009, effective 1/1/2010; amended November 27, 2012, effective 1/1/2013.Comment
Rule 9.13 is not intended to supersede the Rules of Professional Conduct regarding the presentation of false testimony to the court.
Rule 9.13(d)(3) provides for ex parte withdrawal by an attorney upon completion of a limited scope representation. It is intended to facilitate limited representation services as contemplated by Rule 1.2(c) of the Rules of Professional Conduct.