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237 Pa. Code Rule 1150. Attorneys—Appearances and Withdrawals.

PART B(2). COUNSEL


Rule 1150. Attorneys—Appearances and Withdrawals.

 A.  Appearances.

   1)  The Guardian ad litem and counsel for each party, except under paragraph (A)(3), shall file an entry of appearance with the clerk of courts promptly after being retained and serve a copy on all other parties.

     a)   If a firm name is entered, the name of the individual lawyer who is designated as being responsible for the conduct of the case shall be entered.

     b)   The entry of appearance shall include the attorney’s address, phone number, and attorney ID number.

   2)  When counsel is appointed pursuant to Rule 1151 (Assignment of Counsel), the filing of the appointment order shall enter the appearance of appointed counsel.

   3)  The president judge of each judicial district may enter an order stating that the specified Solicitor’s appearance is automatically entered in every dependency case unless another attorney’s appearance is entered pursuant to paragraph (A)(1).

 B.  Duration. Once an appearance is entered or the court assigns counsel for the child, counsel shall represent the child until the closing of the dependency case, including any proceeding upon direct appeal and permanency review, unless permitted to withdraw pursuant to paragraph (C).

 C.  Withdrawals.

   1)  Upon motion, counsel shall be permitted to withdraw only:

     a)   by order of the court for good cause shown; or

     b)   if new counsel has entered an appearance in accordance with paragraph (A).

   2)  A motion to withdraw shall be:

     a)   filed with the clerk of courts, and a copy concurrently served on the other parties’ attorneys, or the party, if unrepresented; or

     b)   made orally on the record in open court in the presence of the parties.

Comment

   Paragraph (A)(3) allows the Solicitor to be automatically entered in the record as counsel for the agency. The order is to include the attorney’s address, phone number, and attorney ID number.

   Under paragraph (C), withdrawal is presumed when a court’s jurisdiction is terminated because the child reaches the age of twenty-one. See 42 Pa.C.S. §  6302.

   Under paragraph (C)(1)(a), a court can terminate an attorney’s representation if there is good cause shown. The court should allow an attorney to withdraw from a case for good cause if the standards for termination of representation, as provided for in the Rules of Professional Conduct 1.16, are met.

   Under paragraph (C)(1)(b), because the county agency will be on notice of the identity of the new attorney, the agency should comply with the discovery requirements of Rule 1340.

   Under paragraph (C)(2), counsel is to file a motion to withdraw in all cases. Counsel’s obligation to represent a party, whether as retained or appointed counsel, remains until leave to withdraw is granted by the court. See e.g., Com. v. Librizzi, 810 A.2d 692 (Pa. Super. Ct. 2002). The court is to make a determination of the status of the case before permitting counsel to withdraw. Although there are many factors considered by the court in determining whether there is good cause to permit the withdrawal of counsel, when granting leave, the court should determine if new counsel needs to be appointed, and that the change in attorneys will not delay the proceedings or prejudice the party, particularly concerning time limits.

   See Rule 1167 for service of court orders.

   See also Rule 1613 for termination of court supervision.

   See the Comment to Rule 1634 for assisting children in filing resumption of jurisdiction motions. It is best practice for the court to appoint the guardian ad litem or legal counsel who was previously assigned to the child as legal counsel in the re-opened case. If there are extenuating circumstances preventing the attorney from representing the child, the attorney should make this known at the time of the filing of the motion for resumption of jurisdiction so the court can assign a new attorney.

   For admission pro hac vice, see Pa.B.A.R. 301.

   Official Note

   Rule 1150 adopted August 21, 2006, effective February 1, 2007. Amended October 21, 2013, effective December 1, 2013. Amended December 10, 2013, effective February 10, 2014.

   Committee Explanatory Reports:

   Final Report explaining the provisions of Rule 1150 published with the Court’s Order at 36 Pa.B. 5571 (September 2, 2006).

   Final Report explaining the amendments to Rule 1150 published with the Court’s Order at 43 Pa.B. 6658 (November 9, 2013).

   Final Report explaining the amendments to Rule 1150 published with the Court’s Order at 43 Pa.B. 7547 (December 28, 2013).

Source

   The provisions of this Rule 1150 amended October 21, 2013, effective December 1, 2013, 43 Pa.B. 6658; amended December 10, 2013, effective February 10, 2014, 43 Pa.B. 7547. Immediately preceeding text appears at serial pages (369668) to (369670).


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