Eighth Judicial Court Rules

Rule 5.28 – Withdrawal of attorney in limited services (“unbundled services”) contract.

Rule 5.28. Withdrawal of attorney in limited services (“unbundled services”) contract.

  • (a) An attorney who contracts with a client to limit the scope of representation shall state that limitation in the first paragraph of the first paper or pleading filed on behalf of that client. Additionally, if the attorney appears at a hearing on behalf of a client pursuant to a limited scope contract, the attorney shall notify the court of that limitation at the beginning of that hearing.

    (b) An attorney who contracts with a client to limit the scope of representation shall be permitted to withdraw from representation before the court by filing a Notice of Withdrawal of Attorney with the clerk’s office. The Notice of Withdrawal of Attorney shall state that the attorney is withdrawing from the case because the attorney was hired to perform a limited service, that service has been completed, and shall include a copy of the limited services retainer agreement between the attorney and the client. The Notice of Withdrawal of Attorney shall also state that the client will be representing himself or herself in proper person unless another attorney agrees to represent the client and shall contain the client’s address, or last known address, and telephone number at which the client may be served with notice of further proceedings taken in the case. The attorney must serve a copy of the Notice of Withdrawal of Attorney upon the client and all other parties to the action or their attorneys. No attorney shall be permitted to withdraw from representation pursuant to this Rule if such attorney has failed to complete any service required of the attorney by the court during any hearing the attorney attended in the subject legal proceeding.

    [Added; effective August 21, 2000; amended; effective December 17, 2008.]