RULE 2091-1      ATTORNEYS - WITHDRAWAL AND SUBSTITUTION

(a)        Withdrawal and Substitution.  Unless withdrawal of an attorney is accompanied by a substitution of counsel filed of record that shows the client's consent to the attorney's withdrawal, and the substitution of another attorney, with mailing address, telephone number, facsimile number, if any, and e-mail address of the substituted attorney, an attorney must file a motion seeking an order to withdraw in any case or adversary proceeding.  The motion must:

 (1)        With Client's Consent.  If the attorney has obtained the written consent of the client, the consent must be filed with the motion, and the attorney must submit a proposed order to the court showing the mailing address, telephone number, facsimile number, if any, and e-mail address, if any, of the self-represented individual.  The court may grant the motion without notice.  If the motion is granted, the withdrawing attorney must give prompt notice of the entry of the order to the client and to all other parties or their attorneys.  An attorney representing a governmental unit is not required to obtain a client's signature to withdraw under this provision.

 (2)        Without Client's Consent.  If the attorney has not obtained the written consent of the client, the motion to withdraw must show reasons therefor.  The notice thereof must specify a 14-day deadline for objections to the motion and must be served on the client, any case trustee and such other parties as the court may direct.  The motion to withdraw must be accompanied by a statement of the moving attorney certifying that:

 (A)       the client has been notified in writing of the status of the case or proceeding, including the dates and times of any scheduled court proceedings, pending compliance with any existing court orders, and, if applicable, the need to comply with NM LBR 1074-1 (Corporations and Other Entities - Representation by Attorney Required); or

 (B)       the client cannot be located or for whatever other reason cannot be notified of the pendency of the motion and the status of the case or proceeding.

If no objections are timely filed, the attorney may submit an order permitting the attorney's withdrawal.  If an objection is timely filed, the attorney shall contact the courtroom deputy for the assigned judge to request a hearing and give notice to the objecting party.  The order authorizing the withdrawal of the attorney shall show the mailing address, telephone number, facsimile number, if any, and e-mail address, if any,  of the self-represented individual. 

 (b)       Death or Removal of an Attorney.  When an attorney dies or ceases to act as an attorney under circumstances not otherwise provided herein, the clerk shall notify a party  represented by the attorney of the need to appear in person in any further matters or, if applicable, to comply with NM LBR 1074-1 (Corporations and Other Entities - Representation by Attorney Required).  If after 21 days from the date of service of the notice another attorney does not enter an appearance, the following applies:

 (1)        if the party is an individual, the action shall proceed as if the individual is self-represented; or,

 (2)        if the party is not an individual, the action shall proceed but the entity may not appear on its own behalf and shall be deemed unrepresented until a new attorney enters an appearance.