1LIMITED APPEARANCE AND WITHDRAWAL

(a) Limited Appearance of Attorneys. (1) An attorney providing limited representation to an unrepresented party as authorized by Rule 1.2 of the Hawaiʻi Rules of Professional Conduct may file with the court a “Notice of Limited Appearance,” appended to these Rules, if the representation will include appearances in court. The attorney shall use the form appended to the Rules or a substantially similar document. (2) An attorney may submit in camera an “Agreement and Consent to Limited Representation” by using the form appended to these Rules or a substantially similar document. (3) An attorney who has filed a “Notice of Limited Appearance” and who later files a pleading or motion outside the scope of the limited representation shall be deemed to have amended the notice to extend to the filing of that pleading or motion. (b) Termination of Limited Representation. (1) An attorney who has made a limited representation appearance, has filed a “Notice of Limited Appearance” and has completed the agreed-upon services stated in an “Agreement and Consent to Limited Representation,” may file a “Notice of Withdrawal of Limited Appearance” by using the form appended to these Rules or a substantially similar document. (2) Any attorney who has filed a “Notice of Limited Appearance” and who seeks to withdraw prior to the completion of the agreed-upon services stated in the “Agreement and Consent to Limited Representation” shall file a motion for withdrawal of counsel pursuant to Rule 10.1 of the Rules of the District Courts of the State of Hawaiʻi. (3) An attorney who provides limited representation that includes a court appearance but who has elected not to file a “Notice of Limited Appearance” shall file a motion for withdrawal of counsel pursuant to Rule 10.1 of the Rules of the District Courts of the State of Hawaiʻi. (4) A client who objects to the withdrawal of the client’s attorney under this Rule 11.1(b) may file an “Objection to Withdrawal of Limited Appearance” using the form appended to these Rules or a substantially similar document, and a hearing will be scheduled. The objection shall be filed within 14 days of the date the attorney files the notice of withdrawal. (5) In any hearing on a motion for withdrawal of counsel or an objection to withdrawal of limited appearance, the court shall consider the terms of any agreement for limited scope representation. (c) Pleading Prepared for Unrepresented Party. (1) When an attorney, regardless of whether a formal “Agreement and Consent to Limited Representation” has been entered into, provides limited representation to an unrepresented party by drafting a pleading, written motion, or other paper intended to be filed with the court, but the attorney has not agreed to appear in court or otherwise provide representation regarding that document, the attorney is not required to disclose the attorney’s name on that document. However, the first page of the document must conspicuously contain the following statement, “This document was prepared with the assistance of an attorney.” The unrepresented party must comply with this required disclosure. If, however, a pleading, motion, or other paper is prepared by an attorney providing limited representation under the auspices of a program sponsored by a nonprofit organization, court, or government, the pleading, motion or other paper need not contain this statement. (2) An attorney who provides limited representation as described in paragraph (c)(1), above, shall be deemed to have made the certifications set forth in Rule 11 of these Rules. (Added September 17, 2019, effective September 17, 2019.)