Rule 11.1.Limited Appearance and Withdrawal.

Current through July 1, 2026 · Last verified September 11, 2026

In one sentenceRule 11.1 lets an attorney appear for part of a case, sets out how that limited appearance ends, and tells a ghostwritten document what it must disclose.

Full Text of Rule 11.1

Text sizeJump to: (a) (b) (c)

(a) (a) Limited Appearance of Attorneys.

(1) (1) An attorney providing limited representation to an unrepresented party as authorized by Rule 1.2 of the Hawaiʻi Rules of Professional Conduct may file with the court a “Notice of Limited Appearance,” appended to these Rules, if the representation will include appearances in court. The attorney shall use the form appended to the Rules or a substantially similar document.

(2) (2) An attorney may submit in camera an “Agreement and Consent to Limited Representation” by using the form appended to these Rules or a substantially similar document.

(3) (3) An attorney who has filed a “Notice of Limited Appearance” and who later files a pleading or motion outside the scope of the limited representation shall be deemed to have amended the notice to extend to the filing of that pleading or motion.

(b) (b) Termination of Limited Representation.

(1) (1) An attorney who has made a limited representation appearance, has filed a “Notice of Limited Appearance” and has completed the agreed-upon services stated in an “Agreement and Consent to Limited Representation,” may file a “Notice of Withdrawal of Limited Appearance” by using the form appended to these Rules or a substantially similar document.

(2) (2) Any attorney who has filed a “Notice of Limited Appearance” and who seeks to withdraw prior to the completion of the agreed-upon services stated in the “Agreement and Consent to Limited Representation” shall file a motion for withdrawal of counsel pursuant to Rule 87 of these Rules.

(3) (3) An attorney who provides limited representation that includes a court appearance but who has elected not to file a “Notice of Limited Appearance” shall file a motion for withdrawal of counsel pursuant to Rule 87 of these Rules.

(4) (4) A client who objects to the withdrawal of the client’s attorney under this Rule 11.1(b) may file an “Objection to Withdrawal of Limited Appearance” using the form appended to these Rules or a substantially similar document, and a hearing will be scheduled. The objection shall be filed within 14 days of the date the attorney files the notice of withdrawal.

(5) (5) In any hearing on a motion for withdrawal of counsel or an objection to withdrawal of limited appearance, the court shall consider the terms of any agreement for limited scope representation.

(1) (1) When an attorney, regardless of whether a formal “Agreement and Consent to Limited Representation” has been entered into, provides limited representation to a self-represented party by drafting a pleading, written motion, or other document intended to be filed with the court, but the attorney has not agreed to appear in court or otherwise provide representation regarding that document, the attorney is not required to disclose the attorney’s name on that document. However, the first page of the document must conspicuously contain the following statement, “This document was prepared with the assistance of an attorney.” The self-represented party must comply with this required disclosure.

If, however, a pleading, motion, or other document is prepared by an attorney providing limited representation under the auspices of a program sponsored by a nonprofit organization, court, or government, the pleading, motion or other document need not contain this statement.

(2) (2) An attorney who provides limited representation as described in paragraph (c)(1), above, shall be deemed to have made the certifications set forth in Rule 11 of these Rules.

End

Amendment History

(Added September 17, 2019, effective September 17, 2019; amended August 4, 2020, effective January 1, 2021; further amended March 30, 2022, effective April 25, 2022.)

Plain-English Summary

Limited scope representation has its own machinery here. An attorney providing limited representation, as the professional conduct rules allow, may file a Notice of Limited Appearance where the work will include court appearances, using the form appended to these rules or something substantially similar. The Agreement and Consent to Limited Representation may be submitted in camera. Filing a pleading outside the agreed scope amends the notice automatically to cover it.

Getting out depends on whether the work is finished. An attorney who has completed the agreed services may file a Notice of Withdrawal of Limited Appearance. An attorney who wants out before finishing must move to withdraw under Rule 87, and so must an attorney who appeared in court without filing the notice at all. A client who objects has 14 days from the filing of the notice to file an Objection to Withdrawal of Limited Appearance, and a hearing is then scheduled. At any such hearing the court must consider the terms of the limited scope agreement.

Subdivision (c) covers the document an attorney drafts for a party who will file it alone. The attorney need not put a name on it, but the first page must conspicuously state that the document was prepared with the assistance of an attorney, and the self-represented party must comply with that disclosure. Work done through a nonprofit, court or government programme is excused from the statement. Either way the drafting attorney is deemed to have made the Rule 11 certifications.

Frequently Asked Questions

Can a Hawaii attorney appear for only part of a family case?

Yes. An attorney providing limited representation may file a Notice of Limited Appearance where the representation will include court appearances.

How does an attorney end a limited appearance?

By filing a Notice of Withdrawal of Limited Appearance once the agreed services are complete. Leaving earlier requires a motion to withdraw under Rule 87.

Can a client object to the attorney withdrawing?

Yes, by filing an Objection to Withdrawal of Limited Appearance within 14 days of the notice. A hearing is then scheduled.

Must a ghostwritten document name the attorney?

No, but the first page must conspicuously state that the document was prepared with the assistance of an attorney, unless the help came through a nonprofit, court or government programme.

Does a drafting attorney take on Rule 11 responsibility?

Yes. An attorney who drafts a document under subdivision (c)(1) is deemed to have made the certifications set out in Rule 11.

Source & verification. The rule text is reproduced verbatim from the official Hawaii Family Court Rules (Haw. Fam. Ct. R. 11.1). Prescribed by the Supreme Court of Hawaii. The plain-English summary is original and written by us. Last verified September 11, 2026. · Official source

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