Court rule affected - 2.117
Admin no. - 2007-18
Issued - 11-23-10
Declined to adopt, file closed - April 2010
Would add language to (C)(1) that would allow a notice by an attorney to his client that the attorney is terminating the relationship to be self-executing. An order of the presiding court would not be required.
The added language would likely also affect the accrual date, based on last date of service, in legal malpractice cases.
Note: the Staff Comment disregards this significant change in the law.
[additions in bold]
(C) Duration of Appearance by Attorney.
(1) Unless otherwise stated or ordered by the court, and except as otherwise provided by these rules, an attorney's appearance applies only in the court in which it is made, or to which the action is transferred, until a final judgment is entered disposing of all claims by or against the party whom the attorney represents and the time for appeal of right has passed, or until the attorney notifies the attorney’s client that the attorney is terminating representation of the client. Follow-up or ministerial acts performed by the attorney with regard to the client’s file following notice of termination do not extend the attorney-client relationship. The appearance applies in an appeal taken before entry of final judgment by the trial court.
(2) An attorney who has entered an appearance may withdraw from the action or be substituted for only on order of the court, or as allowed in subsection (C)(1).
Staff Comment: The proposed amendment would revise MCR 2.117 to provide that an attorney-client relationship continues until a final judgment is reached and the period allowed to appeal by right has expired unless the attorney discontinued the relationship before that time. Also the proposal would clarify that follow-up or ministerial actions performed by the attorney following notice of termination do not extend the attorney-client relationship.
