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Rule 11.1 – Limited Appearance and Withdrawal

May 11, 2021 | Family Law, Hawaii

(a)Limited Appearance of Attorneys.

(1) An attorney providing limited representation to an unrepresentedparty as authorized by Rule 1.2 of the HawaiiHawaiiHawaiiHawaiiRules of Professional Conductmay file with the court a “Notice of Limited Appearance,” appended to theseRules, if the representation will include appearances in court. The attorney shalluse the form appended to the Rules or a substantially similar document.
(2) An attorney may submit in camera an “Agreement and Consent toLimited Representation” by using the form appended to these Rules or asubstantially similar document.
(3) An attorney who has filed a “Notice of Limited Appearance” andwho later files a pleading or motion outside the scope of the limitedrepresentation shall be deemed to have amended the notice to extend to the filingof that pleading or motion.
(b)Termination of Limited Representation.

(1) An attorney who has made a limited representation appearance, hasfiled a “Notice of Limited Appearance” and has completed the agreed-uponservices stated in an “Agreement and Consent to Limited Representation,” mayfile a “Notice of Withdrawal of Limited Appearance” by using the formappended to these Rules or a substantially similar document.
(2) Any attorney who has filed a “Notice of Limited Appearance” andwho seeks to withdraw prior to the completion of the agreed-upon services statedin the “Agreement and Consent to Limited Representation” shall file a motionfor withdrawal of counsel pursuant to Rule 87 of these Rules.
(3) An attorney who provides limited representation that includes a courtappearance but who has elected not to file a “Notice of Limited Appearance”shall file a motion for withdrawal of counsel pursuant to Rule 87o f these Rules.
(4) A client who objects to the withdrawal of the client’s attorney underthis 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, anda hearing will be scheduled. The objection shall be filed within fourteen days ofthe date the attorney files the notice of withdrawal.
(5) In any hearing on a motion for withdrawal of counsel or an objectionto withdrawal of limited appearance, the court shall consider the terms of anyagreement for limited scope representation.
(c)Pleading Prepared for Unrepresented Party.

(1) When an attorney, regardless of whether a formal “Agreement andConsent to Limited Representation” has been entered into, provides limitedrepresentation 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 agreedto 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 thefollowing statement, “This document was prepared with the assistance of anattorney.” The unrepresented party must comply with this required disclosure.

If, however, a pleading, motion, or other paper is prepared by an attorneyproviding limited representation under the auspices of a program sponsored by anonprofit organization, court, or government, the pleading, motion or other paperneed not contain this statement.

(2) An attorney who provides limited representation as described inparagraph (c)(1), above, shall be deemed to have made the certifications set forthin Rule 11 of these Rules.

Haw. Fam. Ct. R. 11.1

Adopted September 17, 2019, effective September 17, 2019; amended August 4, 2020, effective January 1, 2021.