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LR 83.37 Duties & Responsibilities of Assigned Counsel


Upon receiving notice of assignment, counsel shall forthwith file an appearance in accordance with LR 83.12 in the action to which counsel is assigned. Promptly following the filing of an appearance, counsel shall communicate with the newly-represented party concerning the action or appeal. In addition to a full discussion of the merits of the dispute, counsel shall explore with the party any possibilities of resolving the dispute in other forums, including but not limited to administrative forums. If after consultation with counsel the party decides to prosecute or defend the action or appeal, counsel shall proceed to represent the party in the action or appeal  unless or until the attorney-client relationship is terminated as provided by these rules.


Except where the assignment is terminated pursuant to LR 83.38 or LR 83.39, each assigned counsel shall represent the party in the action from the date counsel enters an appearance until a final judgment is entered in the action. If the matter is remanded to an administrative forum, the assigned counsel shall, unless given leave to withdraw by the judge, continue to represent the party in any proceeding, judicial or administrative, that may ensue upon an order of remand. The assigned counsel is not required by these rules to continue to represent a party on appeal should the party represented wish to appeal from a final judgment.


Upon assignment for purposes of settlement assistance, the attorney will assist in preparing for the settlement conference, participate in the settlement conference on behalf of the pro se litigant, and draft a settlement agreement and corresponding motion to dismiss, if appropriate. Assistance under the Settlement Assistance Program will be limited only to the effort to settle the case and  will not extend to any other part of the litigation process.


Amended May 24, 2013 and December 23, 2016




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