Rule 9010-1

Attorneys - Appearance, Withdrawal, Substitution, and Change of Contact Information

(a)  Applicability of Rules.  Any attorney representing a debtor, creditor or party in interest must comply with all requirements of the Code, FRBP, these Local Rules and the Arizona Rules of Professional Conduct.

(b)  Appearance by Represented Party.  Unless ordered otherwise, a party appearing through counsel may not act on the party’s own behalf.

(c)  Debtor’s Attorney.

(1)  General Appearance.  An attorney who files a debtor’s bankruptcy petition, or who files a notice of appearance on a debtor’s behalf, must represent the debtor in all matters, other than adversary proceedings, until the case is closed or the Court enters an order approving withdrawal or substitution of counsel.

(2)  Adversary Proceedings.  An attorney who files a notice of appearance or other pleading on the debtor’s behalf in an adversary proceeding, must represent the debtor until the proceeding is closed or the Court enters an order approving withdrawal or substitution of counsel.

(d)   Creditor’s or Interested Party’s Attorney; Appearance.  An attorney who files a notice of appearance on behalf of a client must represent the client in all matters other than adversary proceedings, until the case is closed or the Court enters an order approving withdrawal or substitution of counsel. Service on the attorney is effective service on the client until the attorney has withdrawn.

(e)  Motion to Withdraw or Substitute.  No attorney may seek to withdraw or be substituted except by written application. Unless rules require otherwise, the application must contain at a minimum:  (1) the reason for the proposed withdrawal or substitution, including whether the client is aware of and consents; and (2) the name, address and telephone number of the substituting attorney, and such attorney’s approval. If no substituting attorney exists, the application must contain:  (1) the client’s name, last known address and telephone number; and (2) a certification that the client has been notified in writing of the status of the case, including the dates and time of any hearings or trial settings and the need to comply with any existing orders, discovery requests and the possibility of sanctions for the failure to comply. A proposed form of order containing the name, address, email address and telephone number of the substituting attorney or client must accompany the filed application. The application may be granted without a hearing.

(1)  Additional Disclosure to Corporation, Partnership, Unincorporated Association, or Trust.  An application to withdraw from representing a corporation, partnership, limited liability partnership or company, any unincorporated association, or trust must include a certification that the client has been advised it cannot appear without counsel.   

(2)  Notice.  An attorney seeking to withdraw or to substitute another attorney must provide notice as required by FRBP 2002.

(f)  Change of Address.  An attorney who changes office address or contact information as shown on the Court docket must:

(1)  File a change of address or contact information in each open case in which the attorney has appeared;

(2)  Make such change within the Profile section of the Court’s electronic case filing system; and

(3)  Notify the United States Trustee in writing.

 


Notes 2018:  Subsections (c) and (d) revised to make clear that an attorney who files a bankruptcy petition for a debtor, or that files a notice of appearance on behalf of a debtor, creditor or interested party is the attorney on all matters, other than adversary proceedings. The Court will enforce this obligation regardless of any limitation contained in any retention agreement between the attorney and the debtor.

 

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