Rule 57.Withdrawal and substitution of counsel
Current through December 29, 2025 · Last verified July 8, 2026
Full Text of Rule 57
Amendment History
[Amended by order adopted November 27, 2001, effective January 1, 2002; and by order entered and effective December 1, 2005.]
Plain-English Summary
Two pointers rather than a procedure. Withdrawal of counsel is governed by Rule 4.03(b) of the Trial Court Rules; substitution of counsel by stipulation is governed by Rule 4.04.
The effect is that a family court lawyer leaving a case follows the same path as in any other trial court, rather than a family-court-specific one.
One family court provision does bear on it. Under Rule 19(b), a client's failure to adhere to financial arrangements with an attorney does not constitute good cause for a continuance — so withdrawal over unpaid fees does not by itself buy the case more time.
Frequently Asked Questions
What governs withdrawal of counsel?
Rule 4.03(b) of the Trial Court Rules.
What governs substitution of counsel?
Rule 4.04 of the Trial Court Rules, for substitution by stipulation.
Is there a family-court-specific procedure?
No. Rule 57 adopts the Trial Court Rules provisions.
Does non-payment of fees justify a continuance?
No. Under Rule 19(b), the failure of a client to adhere to financial arrangements with an attorney does not constitute good cause for a continuance.
Who counts as counsel of record?
Rule 2 defines it to include an attorney who has signed a pleading or notified the clerk or judge of an appearance, a guardian ad litem, and a party appearing pro se.