Rule 1.20 – Withdrawal and New Representation

May 14, 2021 | Family Law, New Hampshire

A. Subject to limited representation under Family Division Rule 1.19, Rule 3.12 relating to the withdrawal of appointed counsel in Juvenile Delinquency matters and subject to Professional Conduct Rule 1.2(f), an attorney may withdraw at any time unless a hearing or trial is scheduled within 60 days. If a hearing or trial is scheduled within 60 days, an attorney must file a motion to withdraw.
B. Any motion to withdraw filed by counsel shall clearly set forth the reason for the request and contain a certification that copies have been sent to all other counsel or opposing parties, if appearing pro se, and to counsel’s client at the client’s last known address, which shall be fully set forth within the body of the motion. A factor which may be considered by the Court in determining whether good cause for withdrawal has been shown is the client’s failure to meet the financial obligations to pay for the attorney’s services. Notice by mail shall be sent to all counsel of record, or parties if unrepresented by counsel, and to the client of withdrawing counsel, at the client’s last known address.
C. Upon receipt of a motion to withdraw and any related objections, the court will give the motion and any objections expedited consideration, rule upon the motion to withdraw, or schedule a hearing as promptly as the docket allows. If withdrawing counsel’s client fails to appear at said hearing, the Court may, in its discretion, and without further notice to said client, grant the withdrawal, order the hearing date continued, or make such other orders as justice may require.

N.H. R. Cir. Ct. Fam. Div. 1.20

Amended Dec. 29, 2014, eff. March 1, 2015.