D. Kan. Rule 83.5.5

An attorney who has appeared in a case may withdraw in accordance with the Kansas Rules

of Professional Conduct as described in D. Kan. Rule 83.6.1. This rule does not apply to those

attorneys who have entered a limited appearance pursuant to D. Kan. Rule 83.5.8.

(a) Withdrawal of Attorney Whose Client Will be Left Without Counsel.

Withdrawal of an appearance for an attorney whose client will be left without

counsel is authorized only upon court order. An attorney seeking to withdraw

whose client will be left without counsel must:

(1) file a motion to withdraw that:

(A) sets forth the reasons for the withdrawal, unless doing so would

violate any applicable standards of professional conduct;

(B) provides evidence that the withdrawing attorney provided the client

with notice of:

(i) the admonition that the client is personally responsible for

complying with all orders of the court and time limitations

established by the rules of procedure or by court order; and

(ii) the dates of any pending trial, hearings, conferences, and

deadlines; and

(C) provides the court with a current mailing address and telephone

number for the client;

(2) serve the motion to withdraw on the withdrawing attorney’s client either by

personal service or by certified mail, with return receipt requested;

(3) serve the motion to withdraw on all attorneys of record and pro se parties in

the case pursuant to Fed. R. Civ. P. 5(b); and

(4) file either:

(A) proof of personal service of the motion to withdraw or the certified

mail receipt, signed by the client; or

(B) an affidavit indicating that the client received a copy of the motion

to withdraw. Withdrawal is not effective until the court enters an

order authorizing withdrawal.

(b) Withdrawal of Attorney Whose Client Continues to Be Represented by Other

Counsel of Record. Withdrawal of an appearance by an attorney whose client

continues to be represented by other counsel of record is authorized without an

order of the court, unless the only remaining counsel of record is admitted pro hac

vice under D. Kan. Rule 83.5.4. In instances where the remaining counsel of record

is admitted pro hac vice, the withdrawing attorney must comply with either

subsection (a) or (c) of this rule.

An attorney seeking to withdraw whose client will continue to be

represented by other counsel of record may withdraw provided the withdrawing

attorney files a pleading entitled “Notice of Withdrawal of Appearance” signed by

the withdrawing attorney. Such notice must identify the other attorneys of record

who will continue to represent the withdrawing attorney’s client. Such notice of

withdrawal must be served pursuant to Fed. R. Civ. P. 5(b) on the client, all

attorneys of record, and any pro se parties in the case.

(c) Withdrawal of Attorney Whose Client Will Be Represented by Substituted

Counsel. Substitution of counsel admitted to practice in this court is authorized

without an order of the court. Substitution of counsel and simultaneous withdrawal

of counsel may be accomplished as follows:

The attorney to be substituted as counsel of record files a pleading entitled

“Withdrawal of Counsel and Entry of Appearance of Substituted Counsel” signed

by (1) the attorney withdrawing and (2) the attorney to be substituted as counsel.

Such notice of withdrawal must be served pursuant to Fed. R. Civ. P. 5(b) on the

client, all attorneys of record, and any pro se parties in the case.

(d) Substitution of Counsel for the United States, an Agency, or an Officer

Thereof, or Substitution of Counsel for Individuals Represented by the

Federal Public Defender. Substitution of counsel for the United States, an agency,

or officer thereof, or substitution of counsel for individuals represented by the

Federal Public Defender is authorized without an order of the court. Substitution

of counsel may be accomplished as follows:

The attorney to be substituted as counsel of record files a pleading entitled

“Notice of Substitution of Counsel and Entry of Appearance of Substituted

Counsel” signed by the attorney to be substituted as counsel. The substitution shall

be effective upon the filing of the notice and the attorney to be withdrawn from

representation need not sign or file any notice. The notice of substitution must be

served pursuant to Fed. R. Civ. P. 5(b) on all attorneys of record and any pro se

parties in the case.

(e) Withdrawal of Attorney for Criminal Appeal. Withdrawal of counsel for a

defendant in a criminal case who wishes to appeal from a judgment of conviction

after trial or a guilty plea or from a sentence imposed under the Sentencing

Guidelines is governed by 10th Circuit Rules 46.3 and 46.4.

(f) Withdrawal of Attorney for Non-Essential Party in Bankruptcy Cases. In a

bankruptcy case (other than an adversary proceeding), the appearance of any

attorney for a party other than the debtor or the trustee may be withdrawn by filing

a motion certifying that 1) the client has consented to or requested the withdrawal,

2) there are no pending adversary proceedings or contested matters affecting the

client, and 3) that the address for all future notices to the client is set forth in the

motion and the client has consented to accept notices and service at that address for

all purposes in the case upon the withdrawal of the attorney. Such motion must be

delivered by mail or CM/ECF notification, as applicable, to all attorneys of record,

and any pro se parties who have appeared in the case, but without the requirement

for notice and hearing. The withdrawal shall be effective only upon the entry of an

order granting the motion.

* * *