Attorney of Record; Limited-Scope Representation
PRE-2024 COMMITTEE NOTE
The Committee recommends that Local Civil Rule 1.4 be amended to require that the
affidavit in support of a motion to withdraw state whether or not a retaining or
charging lien is being asserted, and to clarify that all applications to withdraw must be
served upon the client and (unless excused by the Court) upon all other parties. This is
not meant to preclude the Court from permitting the reasons for withdrawal to be
stated in camera and under seal in an appropriate case. It is also not meant to preclude
Joint Local Rules, S.D.N.Y. and E.D.N.Y.
Effective January 2, 2026
substitution of counsel by a stipulation which has been signed by counsel, the counsel’s
client, and all other parties, and which has been so ordered by the Court.
2024 COMMITTEE NOTE
The existing local rule governs the withdrawal or displacement of an attorney of record
but does not identify the procedure by which one becomes an attorney of record. The
Federal Rules of Civil Procedure likewise do not include a procedure for becoming an
attorney of record. Accordingly, the rule is amended to require attorneys appearing in a
matter to file a notice of appearance and lists the information that the notice of
appearance must contain. The amendment also eliminates the affidavit that was
otherwise required by the local rule when other counsel who had already appeared in
the case continues to represent the client or when new counsel is substituted by
stipulation. The Committee believes that the affidavit serves no useful purpose in these
circumstances.
2025 COMMITTEE NOTE
Both the Eastern and Southern District have come to allow an attorney to appear on
behalf of an otherwise unrepresented party for limited purposes only — for example,
for purposes of mediation, motion practice, or some aspect of discovery. Among other
things, allowing for such limited-scope appearances facilitates the recruitment of
counsel to take on pro bono matters and promotes access to justice. The rule is amended
to codify and regulate this practice of limited-scope appearances. In addition, the rule is
amended to provide that where an attorney moves to withdraw upon a stipulation
substituting a new attorney, an affidavit is required in support of the motion if the new
attorney intends to seek modification of any existing deadlines in the case. That
requirement is intended to assist the court in evaluating whether the proposed
withdrawal would result in delay.
Joint Local Rules, S.D.N.Y. and E.D.N.Y.
Effective January 2, 2026
