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Conference Background and Agenda |
Rules 5.170 and 5.171 of the California Rules of Court are adopted, effective July 1, 2003, to read:
Rule 5.170. Nondisclosure of attorney assistance in preparation of court documents
(a) [Nondisclosure] In a family law proceeding, an attorney who contracts with a client to draft or assist in drafting legal documents, but not to make an appearance in the case, is not required to disclose within the text of the document that he or she was involved in preparing the documents.
(b) [Attorney fees] If a litigant seeks a court order for attorney fees incurred as a result of document preparation, the litigant must disclose to the court information required for a proper determination of attorney fees—including the name of the attorney who assisted in the preparation of the documents, the time involved or other basis for billing, the tasks performed, and the amount billed.
(c) [Applicability] This rule does not apply to an attorney who has made a general appearance or has contracted with his or her client to make an appearance on any issue that is the subject of the pleadings.
Rule 5.171. Application to be relieved as counsel upon completion of limited scope representation
(a) [Applicability of this rule] Notwithstanding rule 376, an attorney who has completed the tasks specified in the Notice of Limited Scope Representation (form FL-950) may use the procedure in this rule to request that the attorney be relieved as counsel in cases in which the attorney has appeared before the court as attorney of record and the client has not signed a Substitution of Attorney–Civil (form MC-050).
(b) [Notice] An application to be relieved as counsel upon completion of limited scope representation under Code of Civil Procedure section 284(2) must be directed to the client and made on the Application to Be Relieved as Counsel Upon Completion of Limited Scope Representation (form FL-955).
(c) [Service] The application must be filed with the court and served on the client and on all other parties and counsel who are of record in the case. The client must also be served with form FL-956, Objection to Application to be Relieved as Counsel Upon Completion of Limited Scope Representation.
(d) [No Objection] If no objection is filed within 15 days from the date that the Application to Be Relieved as Counsel Upon Completion of Limited Scope Representation (form FL-955) is served upon the client, the attorney making the application must file an updated form FL-955 indicating the lack of objection, along with a proposed Order on Application to Be Relieved as Counsel Upon Completion of Limited Scope Representation (form FL-958). The clerk will then forward the file with the proposed order for judicial signature.
(e) [Objection] If an objection is filed within 15 days, the clerk must set a hearing date on the Objection to Application to be Relieved as Counsel Upon Completion of Limited Scope Representation (form FL-956). The hearing must be scheduled no later than 25 days from the date the objection is filed. The clerk must send the notice of the hearing to the parties and counsel.
(f) [Service of the order] After the order is signed, a copy of the signed order must be served by the attorney who has filed the Application to Be Relieved as Counsel Upon Completion of Limited Scope Representation (form FL-955) on the client and on all parties who have appeared in the case. The court may delay the effective date of the order relieving counsel until proof of service of a copy of the signed order on the client has been filed with the court.
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