1. A. Enrolled attorneys have, apart from their own interests, continuing legal and ethical duties to their clients, all adverse parties, and the court. Accordingly, the following requirements govern any motion to withdraw as counsel of record:

   1. 1. The withdrawing attorney who does not have written consent from the client shall make a good faith attempt to notify the client in writing of the withdrawal and of the status of the case on the court’s docket. The attorney shall deliver or mail this notice to the client before filing any motion to withdraw.
   2. 2. If the action or proceeding has been assigned to a particular judge, then the motion to withdraw shall be submitted to the judge presiding over that case.
   3. 3. If the attorney has been terminated by the client, has only made a limited appearance as authorized by Rule 1.2(c) of the Rules of Professional Conduct which appearance has been completed, or the case has been concluded, he shall state the same in his motion to withdraw.

   4. 4. Any motion to withdraw shall include the following information:

      1. a. The motion shall state current or last-known street address and mailing address of the withdrawing attorney’s client. The withdrawing attorney shall also furnish this information to the clerk of court.
      2. b. If a scheduling order is in effect, a copy of it shall be attached to the motion.
      3. c. The motion shall state whether any conference, hearing, or trial is scheduled and, if so, its date.
      4. d. The motion shall include a certificate that the withdrawing attorney has complied with paragraph (A)(1) of this section and with Rule 1.16 of the Rules of Professional Conduct, Louisiana State Bar Association, Articles of Incorporation, Art. 16. A copy of the written communications required by paragraph (A)(1) shall be attached to the motion.
      5. e. If the motion is to withdraw upon completion of a limited appearance, the motion shall include a certification by the withdrawing attorney that the agreed upon limited services have been completed and that the withdrawing attorney has submitted all judgments or orders resulting from the limited appearance as ordered by the court. A copy of the relevant Notice of Limited Appearance shall be attached to the motion.
   5. 5. If counsel’s withdrawal would delay a scheduled hearing or trial, the court shall not allow the withdrawal unless exceptional circumstances exist, the client terminated the attorney, or limited representation was undertaken pursuant to a Notice of Limited Appearance and completed.
2. B. Counsel of record who withdraws or is discharged prior to submission of the case, and desires to assert a claim for fees, must attach an affidavit to that effect and set forth the period of time during which his client was under his or her representation. If asserting a claim, counsel shall also file the lien form, LW-WC-1027, identifying any attorney lien he alleges on the pending claim for payment of attorney fees.
3. C. Counsel who has represented a person prior to litigation may put the Office of Workers’ Compensation on notice that they desire to assert an interest in a claim. The attorney choosing to assert an interest in a claim shall do so by filing form LW-WC-1027 Lien Form and an affidavit asserting the nature of the interest in the proper venue. A copy of the notice shall be provided to all other parties of interest.

Authority Note

AUTHORITY NOTE: Promulgated in accordance with R.S. 23:1310.1.

Historical Note

HISTORICAL NOTE: Promulgated by the Department of Labor, Office of Workers' Compensation Administration, LR 25:267 (February 1999), amended LR 25:1862 (October 1999), LR 33:653 (April 2007), amended by Louisiana Works, Office of Workers’ Compensation Administration, LR 51:1621 (October 2025), LR 52:507 (April 2026).