§ 4.109 Notice of appearance; substitution of attorneys; and attorney withdrawal.

(a) Notice of appearance. To ensure proper service of pleadings, notices, orders, and decisions, an attorney or other representative must file and serve a notice of appearance and promptly notify DCHD and all other parties to the proceeding of any changes to legal representation. (b) Attorney substitution—(1) Form and content. A party may substitute attorneys by filing and serving a notice of substitution that includes the pertinent contact information for the new attorney. (2) Effectiveness. The notice of substitution is effective upon filing. (c) Attorney withdrawal—(1) Form and content. Except as provided in paragraph (b) of this section, an attorney may request to withdraw as the representative for a party by filing a written motion. The motion must be served on all parties to the proceeding as well as the attorney's client(s) and must contain: (i) Pertinent contact information for the attorney's client(s); (ii) A statement explaining why the withdrawal will not unfairly prejudice the attorney's client(s); and (iii) A statement that the attorney has taken appropriate steps to protect the interests of the client(s) such as providing reasonable notice, allowing adequate time for the employment of another attorney, and surrendering files related to the proceeding. (2) Effectiveness. A withdrawal is not effective until the ALJ rules on the motion, which may be conditioned or denied by the ALJ to avoid prejudice to the attorney's client(s) and other parties.