28 Tex. Admin. Code § 152.6 - Attorney Withdrawal
(a) An attorney
withdrawing representation must submit a notice of withdrawal under subsection
(b) of this section or a motion to withdraw under subsection (d) of this
section and comply with the Texas Disciplinary Rules of Professional Conduct of
the State Bar of Texas, including surrendering papers and property to the
client as required.
(b) An attorney
must submit a notice of withdrawal in the form and manner prescribed by the
division when:
(1) the attorney withdraws
representation and a motion to withdraw under subsection (d) of this section is
not required; or
(2) the attorney's
representation is terminated by the attorney's client.
(c) An attorney must submit a notice of
withdrawal under subsection (b) of this section to the division by personal
delivery, first class mail, or facsimile no later than the 10th day following
withdrawal. An attorney must provide a copy of the notice to the attorney's
client and the opposing party by personal delivery, first class mail, or
electronic transmission on the same day the notice is submitted to the
division. The notice of withdrawal must include:
(1) the attorney's name, bar card number, and
contact information;
(2) the law
firm name, if applicable;
(3) the
injured employee's name, contact information, date of injury, and DWC claim
number;
(4) the beneficiary's name,
contact information, and social security number, if applicable;
(5) the insurance carrier name;
(6) the effective date of the attorney's
withdrawal of representation under paragraph (1) or (2) of subsection (b);
and
(7) the attorney's
signature.
(d) Except
when the attorney's representation is terminated by the attorney's client, an
attorney withdrawing representation must submit a motion to withdraw to the
division, and receive a division order granting the motion to withdraw, after
notice of a scheduled benefit review conference or contested case hearing has
been received and until resolution of the disputed issues through the
division's dispute resolution process provided in Labor Code Chapter 410,
Subchapters A - E.
(e) The motion
to withdraw must provide good cause for withdrawing from the case and a
certification that states:
(1) the attorney's
client has knowledge of and has approved or refused to approve the withdrawal;
or
(2) the attorney made a good
faith effort to notify the attorney's client and the attorney's client cannot
be located.
(f) An
attorney must submit the motion to withdraw to the division by personal
delivery, first class mail, or facsimile. An attorney must also provide a copy
of the motion to the attorney's client and the opposing party by personal
delivery, first class mail, or electronic transmission on the same day the
motion is submitted to the division.
(g) The administrative law judge will
determine whether good cause exists for the attorney's withdrawal based on Rule
1.15 of the Texas Disciplinary Rules of Professional Conduct and other factors,
including:
(1) how close in time the attorney
withdrawal is to a scheduled benefit review conference or contested case
hearing;
(2) the amount of attorney
fees that have been requested and approved by the division;
(3) whether the attorney is willing to waive
payment of any portion of the approved fees;
(4) the attorney's reason for the withdrawal;
and
(5) whether the attorney's
client refused to approve the withdrawal, if applicable.
(h) If the administrative law judge
determines good cause does not exist for the attorney's withdrawal, the
attorney must continue to represent the party until resolution of the disputed
issues through the division's dispute resolution process provided in Labor Code
Chapter 410, Subchapters A - E.
(i)
This section does not prevent the attorney's client from terminating the
attorney-client relationship or notifying the division of the termination of
the attorney-client relationship. If the attorney's client notifies the
division of a termination, the attorney is not relieved of the duty to submit
to the division a notice of withdrawal under subsection (b) of this
section.
(j) This section is
effective January 30, 2017.
Notes
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