MAYOR AND EXECUTIVE AGENCIES - OFFICE OF ADMINISTRATIVE HEARINGS: RULES OF PRACTICE AND PROCEDURE - WITHDRAWAL OF APPEARANCE BY AN ATTORNEY


Published: 2016-04-29

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2834 WITHDRAWAL OF APPEARANCE BY AN ATTORNEY

2834.1 An attorney may withdraw an appearance before a hearing date has been set if:

(a) Another attorney simultaneously enters or has already entered an appearance on behalf of the client; and

(b) The attorney files a consent to the withdrawal that the client has signed.

2834.2 If a hearing date has been set, or if the client’s written consent is not obtained, or if the client is not represented by another attorney, an attorney must move to withdraw an appearance and receive permission from the presiding Administrative Law Judge to withdraw from the case. Unless the client is represented by another attorney or the motion is made orally in front of the client and the Administrative Law Judge, the attorney shall certify that:

(a) The attorney has served the client a notice advising the client to obtain other counsel, or if the client intends to represent himself or herself, or intends to object to the withdrawal, to notify the Administrative Law Judge in writing within fifteen (15) days of service of the notice or before the next hearing date, whichever is earlier; and

(b) The attorney has served the client with a copy of the motion with a certificate of service listing the client’s last known address.

2834.3 Except when an Administrative Law Judge has granted an oral motion to withdraw in the presence of the client, the order granting permission for the attorney to withdraw shall be served on the client. If no new counsel has entered an appearance or the client has not notified the Administrative Law Judge of an intention to represent himself or herself, the order shall instruct the client to arrange promptly for new counsel or be prepared to represent himself or herself.

2834.4 The presiding Administrative Law Judge may deny an attorney’s motion to withdraw if the withdrawal would unduly delay the case, be unduly prejudicial to any party, or otherwise not be in the interests of justice.

SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by of Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016).