Posted: September 28, 2006
Rules of Civil Procedure
URCP 005. Service and filing of pleadings and other papers. Amend. Describes when the attorney and party must be served if the attorney has entered a limited appearance.
URCP 017. Parties plaintiff and defendant. Amend. Limits the requirement that a minor appear by a guardian or guardian ad litem to an unemancipated minor.
URCP 074. Withdrawal of counsel. Amend. Establishes the procedures for withdrawing from a limited appearance.
URCP 075. Limited appearance. New. Establishes the procedures for entering a limited appearance when a client, under the rules permitting unbundling legal services, hires an attorney for a limited purpose.
I recognize this is an amendment for another day, but I would like to comment on Rule 74 relating to withdrawal of counsel. The present rule does not permit an attorney to withdraw while a motion is pending without leave of court. However, the rule is silent about an attorney’s ability to withdraw after the hearing but before the order is issued. In two instances recently, a court has orally granted a motion for summary judgment and asked me to prepare a suitable order. After submission of the order to opposing counsel but before the order is approved as to form or the objection period has expired, the opposing attorney withdraws. Under Rule 74, this triggers the duty to file a notice with the opposing party to appoint successor counsel. We wind up going through the entire withdraw procedure when all we need is for the attorney to approve the order prior to withdrawing so the case can be closed. In my view, Rule 74 should be revised to bar such withdraw when it delays entry of the judgment or order on the motion. Thanks-Joe.
When will this go into effect? This is long overdue.
lINE 22: (E) Limited Appearance if filed from an out of State Attorney’s office, at time of filing will include a $150.00 filing fee. (This will help pay for any costs the court incurred for faxing, long distant phone calls etc…and will help the Bottom line for yearly income)
Line 23: (F) Limited Appearance if out of state will include Barr Number, Address, Business Phone, Fax Number of the out of state office including where he may be reached when flying in to Utah and whom to contact if Counsel can not be reached due to flight etc…Must identify in the 1st paragraph of the Limited Appearance along with who they will be representing.
I would support the new proposed Rule 75 and the amendment to Rule 74. Sometimes there is reluctance to agree to limited representation, knowing that discovery may be propounded or a certificate of readiness filed before withdrawal can be effectuated, possibly forcing the attorney into becoming general trial counsel or performing other work beyond the original intent of the scope of services.
Also, I think the new rule will increase pro bono involvement, as it is much more attractive to agree to perform pro bono services in pieces, without having to commit to taking on an entire case.
The rule also should help with the goals of alternative dispute resolution. An attorney may be very willing to take on a client to assist at mediation, but might not not be willing to become involved at all if it means a commitment to taking the case to trial in the event it doesn’t settle.
In sum I believe the proposed new Rule 75 and Rule 74 amendment would benefit both attorneys and clients, especially clients of limited means, who may need counsel but cannot afford global represention. A positive step from the standpont of access to the judiciary and delivery of legal services.