Attorneys - Duties

(a) Attorney Leaves of Absence. (1) Attorneys practicing in the Bankruptcy Court for the Middle District of Georgia are expected to be available to personally represent the interests of their clients in matters before the Court. The Georgia State Bar Rules regarding appearance conflicts do not apply to this Court. (2) If an attorney cannot attend a hearing or trial, the attorney must make arrangements to protect the client’s interest at the hearing in one of the following ways: (A) Engage substitute counsel to represent the client.

The substitute counsel must be familiar with the case and competent to represent the client in the case. The client must consent to the substitution. (B) Obtain a continuance. Contact opposing parties and request a continuance of the matter.

If a request for continuance is refused by any party, file a motion for continuance and request an expedited hearing on such motion before the beginning of the period of absence with adequate notice of the hearing to opposing parties. (3) If an attorney anticipates an extended absence for any reason and may require accommodation for previously unscheduled hearings, the Court will accommodate the attorney on terms as follows: (A) The attorney must request such accommodation by letter delivered to the Clerk of Court in advance of the planned absence. (B) The request for accommodation must designate another member of the bar of this Court who has agreed to act as substitute counsel in matters scheduled during the attorney’s absence. Such a designation must include the name, address, and telephone number of substitute counsel.

37 Back to TOC (C) If the request for accommodation is deemed reasonable, the Court will attempt to avoid scheduling routine matters during the period of absence. If an expedited matter must be scheduled during the period of absence, the Court will notify the designated substitute counsel. (D) If the request for accommodation is deemed unreasonable, the Court will advise counsel accordingly. (4) Accommodations for emergency absences shall be made on a case-by-case.

(b) Attorney Information. All documents prepared by an attorney including all pleadings and orders tendered to the Court shall state the attorney’s name, assigned State Bar number, current office address, telephone number, and e-mail address. The e-mail address shall be the address used to register as a filing user of the Court’s electronic filing system. The information shall be placed on the document in immediate proximity to the attorney’s signature.