(a)          Substitution and Withdrawal.  An attorney may withdraw from representing a client if another attorney has agreed to represent the client by filing a notice of withdrawal and substitution signed by the withdrawing attorney and the substituting attorney.  The withdrawal and substitution is effective upon the filing of the notice without an order of the court.

(b)          Withdrawal.  An attorney who wishes to withdraw from representing a client without replacement must obtain an order of the court.  Such an order may be sought by:

                         (1)          filing an ex parte stipulation and order signed by the attorney and the client authorizing the attorney to withdraw; or

                         (2)          filing a motion to withdraw and noting it for hearing pursuant to Local Bankruptcy Rule 9013-1(d)(2)(F).

(c)          Content.  Any motion or stipulation filed pursuant to subsection (b) must contain: (1) the client’s mailing address, telephone number and email address or a certification by the attorney that the attorney made all reasonable efforts to obtain the contact information of the client without success, (2)  a statement that no deadlines, hearings or trials will be automatically continued as a result of the attorney’s withdrawal, and (3) if the client is not an individual, a certification by the attorney that the attorney has notified the client that the client may not appear or file pleadings pro se.

(d)          Service.    A motion filed pursuant to subsection (b)(2) in a bankruptcy case shall be served on the client.  A motion filed pursuant to subsection (b)(2) in an adversary proceeding shall be served on the client and all parties.

Committee Comment

          Subsection (a) does not authorize the substituting attorney’s employment.  If a provision of the Bankruptcy Code requires approval of the substituting attorney’s employment, the substituting attorney must obtain a separate order approving employment pursuant to 11 U.S.C. §§ 327 or 1103.