ATTORNEYS--Duties, Withdrawal, Substitution

Ninth Circuit Bankruptcy Appellate Panel Rules

Rule: 9010-1

Jurisdiction: US

Bluebook Citation: 9th Cir. BAP R. 9010-1

(a) DUTIES. Counsel must ensure that the appeal is perfected on behalf of the represented party in a manner and within the times prescribed in all applicable rules and must prosecute the appeal with diligence. Counsel must provide counsel’s name, bar number, address, and telephone number on all documents filed with the BAP. Changes in address of counsel or client must be reported to the BAP Clerk in writing. (b) ADMISSION. Any attorney admitted to practice before a District Court of the Ninth Circuit or the Court of Appeals for the Ninth Circuit and who is in good standing before such court shall be deemed admitted to practice before the BAP. An attorney not so admitted may apply to the BAP for permission to appear in a particular appeal. (c) WITHDRAWAL AND SUBSTITUTION. No attorney who has appeared in an appeal before the BAP may withdraw without either: Filing and serving a Notice of Substitution of Attorney. The notice shall (1) contain substitute counsel’s name, bar number, address, telephone number and signature; or Obtaining an order of the BAP allowing the attorney to withdraw. The (2) BAP may grant such an order if an attorney files and serves on opposing counsel and the attorney’s client a motion to withdraw as counsel. Any motion to withdraw shall include the client’s current address and telephone number. (d) NOTICE OF APPEARANCE. Immediately upon undertaking the representation, any attorney who represents a party in an appeal, and who is not identified in either the notice of appeal or a notice of substitution of attorney, shall file and serve a notice of appearance containing counsel’s name, bar number, address, telephone number and electronic mail address.

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