Rule 3.12 – Withdrawal of Appointed Counsel

May 14, 2021 | Family Law, New Hampshire

In Juvenile Delinquency matters brought pursuant to RSA 169-B, if appointed counsel must withdraw due to a conflict of interest as defined by Rules 1.7(a), 1.9(a) and (b) and/or 1.10(a), (b) and (c) of the New Hampshire Rules of Professional Conduct, counsel shall forward a Notice of Withdrawal to the court and substitute counsel shall be appointed forthwith. Court approval of a withdrawal shall not be required in this circumstance unless the Notice of Withdrawal is filed less than 20 days from the date of a trial in which case court approval shall be required. Automatic withdrawal shall not be allowed and court approval shall be required if the basis for the withdrawal is a breakdown in the relationship with the client, the failure of the client to pay legal fees, or any other conflict not specifically set forth in Rules 1.7(a), 1.9(a) and (b) and/or 1.10(a), (b) and (c) of the New Hampshire Rules of Professional Conduct.

N.H. R. Cir. Ct. Fam. Div. 3.12

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