Saturday, June 27, 2009

Indiana Attorney-Client Relationship: Terminating the Relationship

Here, too, exist Local Rules needing followed when lawyers end the relationship.

Some Counties provide for an automatic withdrawal. Allen County's LR02-TR3.1-703 is a very good example:

(3) Automatic Withdrawal. After the entry of a final Decree or Order
that resolves all pending issues, each attorney shall be deemed to have withdrawn his or her appearance upon the occurrence of one of the
following events:
(3.1) The expiration of time within which an appeal of such Decree or Order may be preserved or perfected pursuant to the Indiana Rules of
Trial Procedure and/or the Indiana Rules of Appellate Procedure if no
appeal is filed; or
(3.2) The conclusion of any appeal of such Decree or Order
commenced pursuant to the Indiana Rules of Trial Procedure and/or
the Indiana Rules of Appellate Procedure, provided the Trial Court is
notified in writing that the appeal is concluded.
(4) Subsequent Filings and Notices. After withdrawal of an attorney’s
appearance made in the conformity of these rules, the service of any motion, pleading, or notice of hearing upon any party shall be made upon
that party pursuant to Trial Rule 5. A copy of any pleading, motion, or
notice of hearing served upon previous counsel who has withdrawn or is
deemed to have withdrawn under this Rule shall be considered a matter
of professional courtesy only, and is not adequate service of process on
the previously represented party.

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