283. An attorney and counselor shall have authority:
1. To bind his client in any of the steps of an action or
proceeding by his agreement filed with the Clerk, or entered upon the
minutes of the Court, and not otherwise;
2. To receive money claimed by his client in an action or
proceeding during the pendency thereof, or after judgment, unless a
revocation of his authority is filed, and upon the payment thereof,
and not otherwise, to discharge the claim or acknowledge satisfaction
of the judgment.
284. The attorney in an action or special proceeding may be changed
at any time before or after judgment or final determination, as
follows:
1. Upon the consent of both client and attorney, filed with the
clerk, or entered upon the minutes;
2. Upon the order of the court, upon the application of either
client or attorney, after notice from one to the other.
285. When an attorney is changed, as provided in the last section,
written notice of the change and of the substitution of a new
attorney, or of the appearance of the party in person, must be given
to the adverse party. Until then he must recognize the former
attorney.
285.1. An attorney of record for any party in any civil action or
proceeding for dissolution of marriage, legal separation, or for a
declaration of void or voidable marriage, or for the support,
maintenance or custody of minor children may withdraw at any time
subsequent to the time when any judgment in such action or
proceeding, other than an interlocutory judgment, becomes final, and
prior to service upon him of pleadings or motion papers in any
proceeding then pending in said cause, by filing a notice of
withdrawal. Such notice shall state (a) date of entry of final decree
or judgment, (b) the last known address of such party, (c) that such
attorney withdraws as attorney for such party. A copy of such notice
shall be mailed to such party at his last known address and shall be
served upon the adverse party.
285.2. If a reduction in public funding for legal service
materially impairs a legal service agency attorney's ability to
represent an indigent client, the court, on its own motion or on the
motion of either the client or attorney, shall permit the withdrawal
of such attorney upon a showing that all of the following apply:
(a) There are not adequate public funds to continue the effective
representation of the indigent client.
(b) A good faith effort was made to find alternate representation
for such client.
(c) All reasonable steps to reduce the legal prejudice to the
client have been taken.
A showing of indigency of the client, in and of itself, will not
be deemed sufficient cause to deny the application for withdrawal.
285.3. The court, upon the granting of a motion for withdrawal
pursuant to Section 285.2, may toll the running of any statute of
limitations, filing requirement, statute providing for mandatory
dismissal, notice of appeal, or discovery requirement, for a period
not to exceed 90 days, on the court's own motion or on motion of any
party or attorney, when the court finds that tolling is required to
avoid legal prejudice caused by the withdrawal of the legal service
agency attorney.
285.4. The court, upon the granting of a motion for withdrawal
pursuant to Section 285.2, may appoint any member of the bar or any
law firm or professional law corporation to represent the indigent
client without compensation, upon a showing of good cause. Nothing
herein shall preclude the appointed attorney from recovering any
attorneys' fees and costs to which the client may be entitled by law.
In determining the existence of good cause, the court may consider,
but is not limited to, the following factors:
(a) The probable merit of the client's claim.
(b) The client's financial ability to pay for legal services.
(c) The availability of alternative legal representation.
(d) The need for legal representation to avoid irreparable legal
prejudice to the indigent client.
(e) The ability of appointed counsel to effectively represent the
indigent client.
(f) Present and recent pro bono work of the appointed attorney,
law firm or private law corporation.
(g) The ability of the indigent client to represent himself.
(h) The workload of the appointed attorney.
286. When an attorney dies, or is removed or suspended, or ceases
to act as such, a party to an action, for whom he was acting as
attorney, must, before any further proceedings are had against him,
be required by the adverse party, by written notice, to appoint
another attorney, or to appear in person.
283. An attorney and counselor shall have authority:
1. To bind his client in any of the steps of an action or
proceeding by his agreement filed with the Clerk, or entered upon the
minutes of the Court, and not otherwise;
2. To receive money claimed by his client in an action or
proceeding during the pendency thereof, or after judgment, unless a
revocation of his authority is filed, and upon the payment thereof,
and not otherwise, to discharge the claim or acknowledge satisfaction
of the judgment.
284. The attorney in an action or special proceeding may be changed
at any time before or after judgment or final determination, as
follows:
1. Upon the consent of both client and attorney, filed with the
clerk, or entered upon the minutes;
2. Upon the order of the court, upon the application of either
client or attorney, after notice from one to the other.
285. When an attorney is changed, as provided in the last section,
written notice of the change and of the substitution of a new
attorney, or of the appearance of the party in person, must be given
to the adverse party. Until then he must recognize the former
attorney.
285.1. An attorney of record for any party in any civil action or
proceeding for dissolution of marriage, legal separation, or for a
declaration of void or voidable marriage, or for the support,
maintenance or custody of minor children may withdraw at any time
subsequent to the time when any judgment in such action or
proceeding, other than an interlocutory judgment, becomes final, and
prior to service upon him of pleadings or motion papers in any
proceeding then pending in said cause, by filing a notice of
withdrawal. Such notice shall state (a) date of entry of final decree
or judgment, (b) the last known address of such party, (c) that such
attorney withdraws as attorney for such party. A copy of such notice
shall be mailed to such party at his last known address and shall be
served upon the adverse party.
285.2. If a reduction in public funding for legal service
materially impairs a legal service agency attorney's ability to
represent an indigent client, the court, on its own motion or on the
motion of either the client or attorney, shall permit the withdrawal
of such attorney upon a showing that all of the following apply:
(a) There are not adequate public funds to continue the effective
representation of the indigent client.
(b) A good faith effort was made to find alternate representation
for such client.
(c) All reasonable steps to reduce the legal prejudice to the
client have been taken.
A showing of indigency of the client, in and of itself, will not
be deemed sufficient cause to deny the application for withdrawal.
285.3. The court, upon the granting of a motion for withdrawal
pursuant to Section 285.2, may toll the running of any statute of
limitations, filing requirement, statute providing for mandatory
dismissal, notice of appeal, or discovery requirement, for a period
not to exceed 90 days, on the court's own motion or on motion of any
party or attorney, when the court finds that tolling is required to
avoid legal prejudice caused by the withdrawal of the legal service
agency attorney.
285.4. The court, upon the granting of a motion for withdrawal
pursuant to Section 285.2, may appoint any member of the bar or any
law firm or professional law corporation to represent the indigent
client without compensation, upon a showing of good cause. Nothing
herein shall preclude the appointed attorney from recovering any
attorneys' fees and costs to which the client may be entitled by law.
In determining the existence of good cause, the court may consider,
but is not limited to, the following factors:
(a) The probable merit of the client's claim.
(b) The client's financial ability to pay for legal services.
(c) The availability of alternative legal representation.
(d) The need for legal representation to avoid irreparable legal
prejudice to the indigent client.
(e) The ability of appointed counsel to effectively represent the
indigent client.
(f) Present and recent pro bono work of the appointed attorney,
law firm or private law corporation.
(g) The ability of the indigent client to represent himself.
(h) The workload of the appointed attorney.
286. When an attorney dies, or is removed or suspended, or ceases
to act as such, a party to an action, for whom he was acting as
attorney, must, before any further proceedings are had against him,
be required by the adverse party, by written notice, to appoint
another attorney, or to appear in person.
283. An attorney and counselor shall have authority:
1. To bind his client in any of the steps of an action or
proceeding by his agreement filed with the Clerk, or entered upon the
minutes of the Court, and not otherwise;
2. To receive money claimed by his client in an action or
proceeding during the pendency thereof, or after judgment, unless a
revocation of his authority is filed, and upon the payment thereof,
and not otherwise, to discharge the claim or acknowledge satisfaction
of the judgment.
284. The attorney in an action or special proceeding may be changed
at any time before or after judgment or final determination, as
follows:
1. Upon the consent of both client and attorney, filed with the
clerk, or entered upon the minutes;
2. Upon the order of the court, upon the application of either
client or attorney, after notice from one to the other.
285. When an attorney is changed, as provided in the last section,
written notice of the change and of the substitution of a new
attorney, or of the appearance of the party in person, must be given
to the adverse party. Until then he must recognize the former
attorney.
285.1. An attorney of record for any party in any civil action or
proceeding for dissolution of marriage, legal separation, or for a
declaration of void or voidable marriage, or for the support,
maintenance or custody of minor children may withdraw at any time
subsequent to the time when any judgment in such action or
proceeding, other than an interlocutory judgment, becomes final, and
prior to service upon him of pleadings or motion papers in any
proceeding then pending in said cause, by filing a notice of
withdrawal. Such notice shall state (a) date of entry of final decree
or judgment, (b) the last known address of such party, (c) that such
attorney withdraws as attorney for such party. A copy of such notice
shall be mailed to such party at his last known address and shall be
served upon the adverse party.
285.2. If a reduction in public funding for legal service
materially impairs a legal service agency attorney's ability to
represent an indigent client, the court, on its own motion or on the
motion of either the client or attorney, shall permit the withdrawal
of such attorney upon a showing that all of the following apply:
(a) There are not adequate public funds to continue the effective
representation of the indigent client.
(b) A good faith effort was made to find alternate representation
for such client.
(c) All reasonable steps to reduce the legal prejudice to the
client have been taken.
A showing of indigency of the client, in and of itself, will not
be deemed sufficient cause to deny the application for withdrawal.
285.3. The court, upon the granting of a motion for withdrawal
pursuant to Section 285.2, may toll the running of any statute of
limitations, filing requirement, statute providing for mandatory
dismissal, notice of appeal, or discovery requirement, for a period
not to exceed 90 days, on the court's own motion or on motion of any
party or attorney, when the court finds that tolling is required to
avoid legal prejudice caused by the withdrawal of the legal service
agency attorney.
285.4. The court, upon the granting of a motion for withdrawal
pursuant to Section 285.2, may appoint any member of the bar or any
law firm or professional law corporation to represent the indigent
client without compensation, upon a showing of good cause. Nothing
herein shall preclude the appointed attorney from recovering any
attorneys' fees and costs to which the client may be entitled by law.
In determining the existence of good cause, the court may consider,
but is not limited to, the following factors:
(a) The probable merit of the client's claim.
(b) The client's financial ability to pay for legal services.
(c) The availability of alternative legal representation.
(d) The need for legal representation to avoid irreparable legal
prejudice to the indigent client.
(e) The ability of appointed counsel to effectively represent the
indigent client.
(f) Present and recent pro bono work of the appointed attorney,
law firm or private law corporation.
(g) The ability of the indigent client to represent himself.
(h) The workload of the appointed attorney.
286. When an attorney dies, or is removed or suspended, or ceases
to act as such, a party to an action, for whom he was acting as
attorney, must, before any further proceedings are had against him,
be required by the adverse party, by written notice, to appoint
another attorney, or to appear in person.
