R. 1:11-2. — Withdrawal or Substitution

a. Generally. Except as otherwise provided by R. 5:3-5(e) (withdrawal in a civil family action), R. 7:7-9 (withdrawal and substitution in a municipal court action), and R. 3:30-1(i) and R. 3:30-2(e) (withdrawal and substitution in an expungement action),

1. prior to the entry of a plea in a criminal action or prior to the fixing of a trial date in a civil action, an attorney may withdraw upon the client's consent provided a substitution of attorney is filed naming the substituted attorney or indicating that the client will appear pro se. If the client will appear pro se, the withdrawing attorney shall file a substitution. If a mediator has been appointed, the attorney shall serve a copy of the substitution of attorney on that mediator simultaneously with the filing of the substitution with the court, and

2. after the entry of a plea in a criminal action or the fixing of a trial date in a civil action, an attorney may withdraw without leave of court only upon the filing of the client's written consent, a substitution of attorney executed by both the withdrawing attorney and the substituted attorney, a written waiver by all other parties of notice and the right to be heard, and a certification by both the withdrawing attorney and the substituted attorney that the withdrawal and substitution will not cause or result in delay.

3. In a criminal action, no substitution shall be permitted unless the withdrawing attorney has provided the court with a document certifying that he or she has provided the substituting attorney with the discovery that he or she has received from the prosecutor.

4. A motion to withdraw as counsel or a substitution or withdrawal indicating the client will proceed as self- represented shall include the information required by Rule 1:1-4-1(b) or, in the alternative, an affidavit or certification of diligent inquiry indicating why the information is not available.

b. Professional Associations. If a partnership or attorney assumes the status of a professional corporation, or limited liability entity, pursuant to Rules 1:21-1A, 1:21-1B or 1:21-1C, respectively, or if a professional corporation or a limited liability entity for the practice of law dissolves and reverts to an unincorporated status, it shall not be necessary for the firm to file substitutions of attorney in its pending matters provided that the firm name, except for the addition or deletion of the entity designation, is not changed as a result of the change in status.

c. Appearance by Attorney for Client Who Previously Had Appeared Pro Se. Where an attorney is seeking to appear representing a client who previously appeared pro se, the attorney must file a notice of appearance, not a substitution of attorney, and pay the appropriate notice of appearance fee. In a residential landlord tenant matter, an attorney may enter a limited appearance, which will expire after three days, for the purpose of reviewing a confidential case file before undertaking representation of a party, with no appearance fee required.