Central District Consumer Bankruptcy Attorney's Association

The rules of professional conduct say we need to give the client time to
find new counsel. I am wondering whether anyone can share a sample letter
of intent to withdraw. Thank you.
*Rule 3-700 Termination of Employment *
(A) In General.
(1) If permission for termination of employment is required by the rules of
a tribunal, a member shall not withdraw from employment in a proceeding
before that tribunal without its permission.
(2) A member shall not withdraw from employment until the member has taken
reasonable steps to avoid reasonably foreseeable prejudice to the rights of
the client, including giving due notice to the client, allowing time for
employment of other counsel, complying with rule 3-700(D), and complying
with applicable laws and rules.
*CDCA LBR 2091-1. ATTORNEYS WITHDRAWAL, SUBSTITUTION, AND CHANGEOF
ADDRESS*
(a) Motion for Withdrawal. Except as provided in LBR 2091-1(b) and LBR
3015-1:
(1) An attorney who has appeared on behalf of an entity in any matter
concerning the
administration of the case, in one or more proceedings, or both, may not
withdraw
as counsel except by leave of court; and
(2) An entity represented by counsel may not appear without counsel or by a
different
attorney except by leave of court.
(b) Consensual Substitution of Counsel.
(1) A consensual substitution of attorneys may be filed and served to
substitute counsel
without leave of court where:
(A) An entity on whose behalf an attorney has appeared in any matter
concerning
the administration of the case, in one or more proceedings, or both, desires
to substitute a different attorney in place of its former attorney; or
(B) A previously unrepresented entity desires to substitute an attorney
employed
to represent the entity.
(2) A substitution of attorney must be filed in substantially the same form
as courtapproved
form F 2090-1.4.SUBSTITUTION.ATTY, Substitution of Attorney,
and served on those persons entitled to notice under LBR 2091-1(c).
(3) An attorneys employment as a professional person327 or
1103 is not approved merely by the filing of a Substitution of Attorney and
service
of notice thereof. Approval of employment must be obtained in compliance
with
the requirements of the Bankruptcy Code, FRBP, and these rules.
(c) Notice.
(1) Case. An attorney seeking withdrawal or substitution who has appeared
on behalf
of an entity in anymatter concerning the administration of the case must
give notice
of the proposed substitution ormotion for leave towithdrawto the debtor,
theUnited
States trustee, any case trustee, any committee appointed in the case,
counsel for any
of the foregoing, and parties requesting special notice.
(2) Proceedings. An attorney seeking withdrawal or substitution who has
appeared
on behalf of an entity only in one or more proceedings must give notice of
the
proposed substitution or motion for leave to withdraw to the debtor, each
party
who has been named or who has appeared in such proceeding(s), and the United
States trustee.
37 1/14
LBR 2091-1
(3) Cases and Proceedings. An attorney seeking withdrawal or substitution
who has
appeared on behalf of an entity both in the case and one or more
proceedings must
give notice of the proposed substitution ormotion for leave towithdrawto
all entities
entitled to notice under subsections (c)(1) and (2) of this rule.
Holly Roark
Certified Bankruptcy Specialist*
*and Sports Lawyer*
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
*By State Bar of California Board of Legal Specialization
**For a quicker response, email me at holly@roarklawoffices.com.
I only use gmail for my listservs, and am likely to miss private emails
directed to my gmail account.**
The rules of professional conduct say we need to give the client time to find new counsel. I am wondering whether anyone can share a sample letter of intent to withdraw. Thank you.
Rule 3-700 Termination of
Employment
(A)
In General.
(1)
If permission for termination of employment is required by the rules of a
tribunal, a member shall not withdraw from employment in a proceeding before
that tribunal without its permission.
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