Rule 4. Attorneys Appearance, withdrawal and duties.

 

 

 

Rule 4.1. Prohibition on ex parte communications.

Rule 4.2. Entry of appearance and pleadings.

Rule 4.3. Withdrawal.

Rule 4.4. Admission Pro Hac Vice.

Rule 4.5. Entries of appearance and withdrawals by members or employees of law firms or professional corporations.

Rule 4.6. To notify of representation.

Rule 4.7. To utilize assigned judge.

Rule 4.8. To notify of related cases.

Rule 4.9. To notify of previous presentation to another judge.

Rule 4.10. To notify of settlements and dismissals.

Rule 4.11. To attend and remain.

Rule 4.12. Binding authority.

 

 

Rule 4.1. Prohibition on ex parte communications.

 

Except as authorized by law or by rule, judges shall neither initiate nor consider ex parte communications by interested parties or their attorneys concerning a pending proceeding.

 

Rule 4.2. Entry of appearance and pleadings.

 

No attorney shall appear in that capacity before a superior court until the attorney has entered an appearance by filing a signed entry of appearance form or by filing a signed pleading in a pending action. An entry of appearance and all pleadings shall state:

 

(1) the style and number of the case;

 

(2) the identity of the party for whom the appearance is made; and

 

(3) the name, assigned state bar number, and current office address and telephone number of the attorney.

 

The filing of any pleading shall contain the information required by this paragraph and shall constitute an appearance by the person(s) signing such pleading, unless otherwise specified by the court. The filing of a signed entry of appearance alone shall not be a substitute for the filing of an answer or any other required pleading. The filing of an indictment or accusation shall constitute an entry of appearance by the district attorney.

 

Any attorney who has been admitted to practice in this state but who fails to maintain active membership in good standing in the State Bar of Georgia and who makes or files any appearance or pleading in a superior court of this state while not in good standing shall be subject to the contempt powers of the court.

 

Within forty eight hours after being retained, an attorney shall mail to the court and opposing counsel or file with the court the entry of his appearance in the pending matter. Failure to timely file shall not prohibit the appearance and representation by said counsel.

 

Rule 4.3. Withdrawal.

 

 

(a) An attorney appearing of record in any action pending in any superior court, who wishes to withdraw as counsel for any party therein, shall submit a written request to an appropriate judge of the court for an order of court permitting such withdrawal. Such request shall state that the attorney has given due written notice to the affected client respecting such intention to withdraw 10 days (or such lesser time as the court may permit in any specific instance) prior to submitting the request to the court or that such withdrawal is with the client's consent. Such request will be granted unless in the judge's discretion to do so would delay the trial of the action or otherwise interrupt the orderly operation of the court or be manifestly unfair to the client. The attorney requesting an order permitting withdrawal shall give notice to opposing counsel and shall file with the clerk in each such action and serve upon the client, personally or at that client's last known address, a notice which shall contain at least the following information:

 

(A) That the attorney wishes to withdraw;

 

(B) That the court retains jurisdiction of the action;

 

(C) That the client has the burden of keeping the court informed respecting where notices, pleadings or other papers may be served;

 

(D) That the client has the obligation to prepare for trial or hire other counsel to prepare for trial when the trial date has been set

 

(E) That if the client fails or refuses to meet these burdens, the client may suffer adverse consequences, including, in criminal cases, bond forfeiture and arrest;

 

(F) The dates of any scheduled proceedings, including trial, and that holding of such proceedings will not be affected by the withdrawal of counsel;

 

(G) That service of notices may be made upon the client at the client's last known address, and,

 

(H) If the client is a corporation, that a corporation may only be represented in court by an attorney, that an attorney must sign all pleadings submitted to the court, and that a corporate officer may not represent the corporation in court unless that officer is also an attorney licensed to practice law in the state of Georgia;

 

(I) Unless the withdrawal is with the client's consent, the client's right to object within 10 days of the date of the notice.

 

The attorney seeking to withdraw shall prepare a written notification certificate stating that the above notification requirements have been met, the manner by which such notification was given to the client and the client's last known address and telephone number. The notification certificate shall be filed with the court and a copy mailed to the client and all other parties. The client shall have 10 days prior to entry of an order permitting withdrawal or such lesser time as the court may permit within which to file objections to the withdrawal. After the entry of an order permitting withdrawal, the client shall be notified by the withdrawing attorney of the effective date of the withdrawal; thereafter all notices or other papers may be served on the party directly by mail at the last known address of the party until new counsel enters an appearance.

 

(b) When an attorney has already filed an entry of appearance and the client wishes to substitute counsel, it will not be necessary for the former attorney to comply with rule 4.3(a). Instead, the former attorney may file with the clerk of court a notice of substitution of counsel signed by the party and the former attorney. The notice shall contain the style of the case, the name, address, phone number and bar number of the substitute counsel. A copy of the notice shall be served on the substitute counsel, opposing counsel or party if unrepresented, and the assigned judge. No other or further action shall be required by the former attorney to withdraw from representing the party. The substitution shall not delay any proceeding or hearing in the case.

 

The notice may be in substantially the following form:

 

 

 

(A proposed form is attached)

 

IN THE SUPERIOR COURT OF _______________ COUNTY

STATE OF GEORGIA

 

SAM SPADE, )

)

Plaintiff, )

) CIVIL ACTION

)

) FILE NO. 99 CV 0000

DAVID ROBICHEAUX, )

)

Defendant. )

 

 

NOTICE OF SUBSTITUTION OF COUNSEL

 

Please substitute ( name of substitute counsel) as counsel for ( name of party) in this case.

 

 

Substitute counsel=s address, phone number and bar number are as follows: ____________________________________________________________________________.

 

 

All further pleadings, orders and notices should be sent to substitute counsel.

 

 

This ____ day of __________, ____.

 

 

 

signature signature

Name of former attorney Name of party

Address Address

Phone number Phone number

 

 

 

CERTIFICATE OF SERVICE

 

Certificate of service on: substitute counsel, opposing counsel or party, assigned judge.

 

 

Rule 4.4 Admission Pro Hac Vice

A. Definitions
1. A “Domestic Lawyer” is a person not admitted to practice law in this state but who is admitted in another state or territory of the United States or of the District of Columbia and not disbarred or suspended from practice in any jurisdiction.
2. A Domestic Lawyer is “eligible” for admission pro hac vice if that lawyer:
a. lawfully practices solely on behalf of the lawyer’s employer and its commonly owned organizational affiliates, regardless of where such lawyer may reside or work; or
b. neither resides nor is regularly employed at an office in this state; or
c. resides in this state but (i) lawfully practices from offices in one or more other states and (ii) practices no more than temporarily in this state, whether pursuant to admission pro hac vice or in other lawful ways.
3. A “client” is a person or entity for whom the Domestic Lawyer has rendered services or by whom the lawyer has been retained prior to the lawyer’s performance of services in this state.
4. “This state” refers to Georgia. This Rule does not govern proceedings before a federal court or federal agency located in this state unless that body adopts or incorporates this Rule.

B. Authority of Court To Permit Appearance By Domestic Lawyer
1. Court Proceeding. A court of this state may, in its discretion, admit an eligible Domestic Lawyer retained to appear in a particular proceeding pending before such court to appear pro hac vice as counsel in that proceeding.

C. In-State Lawyer’s Duties. When a Domestic Lawyer appears for a client in a proceeding pending in this state, either in the role of co-counsel of record with the in-state lawyer, or in an advisory or consultative role, the in-state lawyer who is co-counsel or counsel of record for that client in the proceeding remains responsible to the client and responsible for the conduct of the proceeding before the court or agency. It is the duty of the in-state lawyer to advise the client of the in-state lawyer’s independent judgment on contemplated actions in the proceeding if that judgment differs from that of the Domestic Lawyer.

D. Application Procedure
1. Verified Application. An eligible Domestic Lawyer seeking to appear in a proceeding pending in this state as counsel pro hac vice shall file a verified application with the court where the litigation is filed. The application shall be served on all parties who have appeared in the case and the Office of General Counsel of the State Bar of Georgia. The application shall include proof of service. The court has the discretion to grant or deny the application summarily if there is no opposition.
2. Objection to Application. The Office of General Counsel of the State Bar of Georgia or a party to the proceeding may file an objection to the application or seek the court’s imposition of conditions to its being granted. The Office of General Counsel or objecting party must file with its objection information establishing a factual basis for the objection. The Office of General Counsel or objecting party may seek denial of the application or modification of it. If the application has already been granted, the Office of General Counsel or objecting party may move that the pro hac vice admission be withdrawn.
3. Standard for Admission and Revocation of Admission. The court has discretion as to whether to grant applications for admission pro hac vice and to set the terms and conditions of such admission. An application ordinarily should be granted unless the court or agency finds reason to believe that such admission:
a. may be detrimental to the prompt, fair and efficient administration of justice,
b. may be detrimental to legitimate interests of parties to the proceedings other than the client(s) the applicant proposes to represent,
c. one or more of the clients the applicant proposes to represent may be at risk of receiving inadequate representation and cannot adequately appreciate that risk,
d. the applicant has engaged in such frequent appearances as to constitute regular practice in this state, or
e. should be denied, if that applicant had, prior to the application, filed or appeared in an action in the courts of this State without having secured approval pursuant to the Uniform Superior Court Rules.
4. Revocation of Admission. Admission to appear as counsel pro hac vice in a proceeding may be revoked for any of the reasons listed in Section D.3 above.

E. Application
1. Required Information. An application shall state the information listed on Appendix A to this rule. The applicant may also include any other matters supporting admission pro hac vice.
2. Application Fee. An applicant for permission to appear as counsel pro hac vice under this Rule shall pay a non-refundable fee as set by the Investigative Panel of the State Bar of Georgia at the time of filing the application.
3. Exemption for Pro Bono Representation. An applicant shall not be required to pay the fee established by E.2 above if the applicant will not charge an attorney fee to the client(s) and is:
a. employed or associated with a pro bono project or nonprofit legal services organization in a civil case involving the client(s) of such programs; or
b. involved in a criminal case or a habeas proceeding for an indigent defendant.

F. Authority of the Office of General Counsel of the State Bar of Georgia and Court: Application of Ethical Rules, Discipline, Contempt, and Sanctions
1. Authority over Domestic Lawyer and Applicant.
a. During pendency of an application for admission pro hac vice and upon the granting of such application, a Domestic Lawyer submits to the authority of the courts and the Office of General Counsel of the State Bar of Georgia of this state for all conduct relating in any way to the proceeding in which the Domestic Lawyer seeks to appear. The applicant or Domestic Lawyer who has obtained pro hac vice admission in a proceeding submits to this authority for all that lawyer’s conduct (i) within the state while the proceeding is pending or (ii) arising out of or relating to the application or the proceeding. An applicant or Domestic Lawyer who has pro hac vice authority for a proceeding may be disciplined in the same manner as an in-state lawyer.
b. The court’s and Office General Counsel’s authority includes, without limitation, the court’s and State Bar of Georgia’s rules of professional conduct, contempt and sanctions orders, local court rules, and court policies and procedures.
2. Familiarity With Rules. An applicant shall become familiar with the Georgia Rules of Professional Conduct, local court rules, and policies and procedures of the court before which the applicant seeks to practice.

G. Temporary Practice. An out-of-state lawyer will only be eligible for admission pro hac vice, or to practice in another lawful way only on a temporary basis.

H. The conflicts of the domestic lawyer shall not delay any deadlines, depositions, mediation, hearings, or trials in connection with the case for which admission has been granted.

 


APPENDIX A

The Domestic Lawyer’s application shall include:
1. the applicant’s residence and business address;
2. the name, address and phone number of each client sought to be represented;
3. the courts before which applicant has been admitted to practice and the respective period(s) of admission;
4. whether the applicant (a) has been denied admission pro hac vice in this state, (b) had admission pro hac vice revoked in this state, or (c) has otherwise formally been disciplined or sanctioned by any court in this state. If so, specify the nature of the allegations; the name of the authority bringing such proceedings; the caption of the proceedings, the date filed, and what findings were made and what action was taken in connection with those proceedings;
5. whether any formal, written disciplinary proceeding has ever been brought against the applicant by a disciplinary authority in any other jurisdiction and, as to each such proceeding: the nature of the allegations; the name of the person or authority bringing such proceedings; the date the proceedings were initiated and finally concluded; the style of the proceedings; and the findings made and actions taken in connection with those proceedings;
6. whether the applicant has been held formally in contempt or otherwise sanctioned by any court in a written order for disobedience to its rules or orders, and, if so: the nature of the allegations; the name of the court before which such proceedings were conducted; the date of the contempt order or sanction, the caption of the proceedings, and the substance of the court’s rulings (a copy of the written order or transcript of the oral rulings shall be attached to the application);
7. the name and address of each court or agency and a full identification of each proceeding in which the applicant has filed an application to appear pro hac vice in this state within the preceding two years; the date of each application; and the outcome of the application;
8. an averment as to the applicant’s familiarity with the Georgia Rules of Professional Conduct, local rules and court procedures of the court before which the applicant seeks to practice; and
9. the name, address, telephone number and bar number of an active member in good standing of the bar of this state who will sponsor the applicant’s pro hac vice request. The bar member shall appear of record together with the Domestic Lawyer.

The Domestic Lawyer’s application may provide the following optional information

10. the applicant’s prior or continuing representation in other matters of one or more of the clients the applicant proposes to represent and any relationship between such other matter(s) and the proceeding for which applicant seeks admission.
11. any special experience, expertise, or other factor deemed to make it particularly desirable that the applicant be permitted to represent the client(s) the applicant proposes to represent in the particular cause.

 

Rule 4.5. Entries of appearance and withdrawals by members or employees of law firms or professional corporations.

 

The entry of an appearance or request for withdrawal by an attorney who is a member or an employee of a law firm or professional corporation shall relieve the other members or employees of the same law firm or professional corporation from the necessity of filing additional entries of appearance or requests for withdrawal in the same action.

 

Rule 4.6. To notify of representation.

 

In any matter pending in a superior court, promptly upon agreeing to represent any client, the new attorney shall notify the appropriate calendar clerk in writing (and, in criminal actions, the district attorney; and, in civil actions the opposing attorney(s)) of the fact of such representation, the name of the client, the name and number of the action, the attorneys firm name, office address and telephone number.

 

Each such attorney shall notify the calendar clerk (and, in criminal actions, the district attorney; and, in civil actions, the opposing attorney(s)) immediately upon any change of representation, name, address or telephone number.

 

Rule 4.7. To utilize assigned judge.

 

Attorneys shall not present to any judge any matter or issue in any action which has been assigned to another judge, except under the most compelling circumstances. In that event, any attorney doing so shall first advise the judge to whom the matter is presented that the action is assigned to another judge. Counsel shall also inform the assigned judge as soon as possible that the matter was presented to another judge.

 

Rule 4.8. To notify of related cases.

At any time an attorney is counsel in any action which the attorney knows is or may be related to another action either previously or presently pending in and assigned to a particular judge of a superior court in the same circuit involving some or all of the same subject matter, or some or all of the same factual issues, such attorney immediately shall so advise the judges involved, who will then make an appropriate determination as to which judge the action or actions should be assigned.

 

Rule 4.9. To notify of previous presentation to another judge.

 

Attorneys shall not present to a judge any matter which has been previously presented to another judge without first advising the former of the fact and result of such previous presentation.

 

Rule 4.10. To notify of settlements and dismissals.

 

Immediately upon the settlement or dismissal of any civil action the involved attorneys shall notify the assigned judge and, where appropriate, the calendar clerk of such event.

 

Rule 4.11 Attorneys: Appearance, withdrawal and duties; to attend and remain

Subject to the provisions of Rule 17, attorneys having matters on calendars, or who are otherwise directed to do so, unless excused by the court, are required to be in court at the call of the matter and to remain until otherwise directed by the court. Should the judge excuse counsel from the courtroom before the matter is concluded such attorney(s) shall return as directed. So that the court can provide timely direction, counsel shall contact the trial court daily during the remainder of any ongoing calendar. Failure of any attorney in this respect shall subject that attorney to the contempt powers of the court.

 

Rule 4.12. Binding authority.

 

Attorneys of record has apparent authority to enter into agreements on behalf of their clients in civil actions. Oral agreements, if established, are enforceable.