Monday, November 28, 2022

LR 83.25: Attorney's Appearance

(a) Appearance. An attorney must appear before representing a person or a party, except for practice permitted under LR 83.20(i)(1)(D). An attorney appears and becomes an attorney of record by filing a pleading or other paper or a notice of appearance. The attorney’s office address, e-mail address, and telephone number must be included in the appearance. Attorneys seeking to appear for purposes of providing limited legal representation must also comply with LR 83.25(b) and (c)

(b) Duration of Appearance.

(1) An attorney’s appearance continues until entry of—

(A) a final order or judgment disposing of all claims by or against the party the attorney represents, or

(B) a withdrawal or substitution order.

(2) An attorney may withdraw or be substituted for only on order of the Court.

Appearance to Provide Limited Representation

(1) After obtaining leave of court, or for unrepresented parties obtaining assistance through the court-approved pro se law clinic, an attorney may appear on behalf of an unrepresented party in a civil action for limited purposes, including, but not limited to, depositions, hearings, discovery, and motion practice, if the following conditions are satisfied:

(A) The attorney e-files a notice of limited appearance before appearing in the action in any capacity;

(B) The notice of limited appearance specifically identifies the components of the action in which the attorney will appear; and

(C) The limited representation is reasonable under the circumstances.

(2) An attorney who has filed a notice of limited appearance must restrict activities in accordance with the notice or any amended notice of limited appearance.

(3) Duration of Limited Legal Representation

(A) An attorney who has filed a notice of limited appearance and who has completed the representation identified in the notice must file an ex parte motion certifying that the representation has been completed and seeking the termination of the appearance.

(B) An attorney's appearance to provide limited legal representation continues until the court enters an order terminating the limited appearance.

(4) Nonappearance of Attorney Assisting in Document Preparation. An attorney who only assists in preparing pleadings or other papers filed in court as authorized in the Michigan Rules of Professional Conduct 1.2(b)(1) and (2) need not appear and need not sign the pleadings or other papers.

COMMENT: Once an attorney's limited appearance is approved, and while the limited appearance is effective, opposing counsel must communicate with the party through the attorney, unless the attorney has the consent of the other attorney or is authorized by law to do so, consistent with Michigan Rule of Professional Conduct 4.2(a) and (b).

November 10, 2021