§ 131.56a. Withdrawal of appearance.

 (a)  An attorney may withdraw his appearance without leave if another attorney has previously entered or is simultaneously entering an appearance on behalf of the party.

 (b)  Leave to withdraw an appearance shall be sought by written request to the adjudicating judge. An attorney may not withdraw representation until the adjudicating judge grants the request.

 (c)  In requesting a withdrawal of appearance, the attorney shall:

   (1)  Verify whether any party has any objection to the withdrawal request.

   (2)  Serve notice of the request to withdraw on his own client, all unrepresented parties and counsel of record for all represented parties.

   (3)  File a proof of service as provided in §  131.11(d) (relating to filing, service and proof of service).

 (d)  Except for withdrawals of appearance under subsection (a), the adjudicating judge shall, after conducting a hearing on any objection, or on the adjudicating judge’s own motion, issue an interlocutory order granting the request unless the adjudicating judge determines that there will be prejudice to the parties or to the proceedings.

 (e)  Upon withdrawal of appearance, in the event of a fee dispute, the adjudicating judge shall have the authority to determine entitlement to receipt of counsel fees and costs, whether under sections 440 or 442 of the act (77 P. S. § §  996 and 998), if the fee agreement or petition has been filed before discharge or withdrawal of counsel.

 (f)  Subsections (a)—(e) supersede 1 Pa. Code § §  33.32—33.37, 35.2, 35.123, 35.124, 35.225 and 35.226.

Authority

   The provisions of this §  131.56a issued under sections 401.1 and 435(a) and (c) of the Workers’ Compensation Act (77 P. S. § §  710 and 991(a) and (c)); section 2205 of The Administrative Code of 1929 (71 P. S. §  565); and section 414 of the Occupational Disease Act (77 P. S. §  1514).

Source

   The provisions of this §  131.56a adopted October 16, 2009, effective October 17, 2009, 39 Pa.B. 6038.



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