A. Designation of Local Counsel

Unless excused by order for cause shown, an attorney primarily responsible for matters before the court ( lead counsel ), but not having an office within this District may not appear before this Court in any contested matter or adversary proceeding unless such lead counsel first designates a member of the bar of the District Court having an office within this District upon whom service may be made. The attorney so designated shall only file a separate Appearance as Local Counsel if that attorney is not to participate in the case beyond the extent required of an attorney designated pursuant to this rule.

B. Penalties for Failing to Designate Local Counsel

Where the nonresident lead counsel files pleadings without the required designation of local counsel, the clerk shall process them as if the designation were filed. If that lead counsel fails to file the required designation of local counsel, the pleadings filed may be stricken by the court without notice.

C. Duties of Local Counsel

An attorney designated as local counsel pursuant to this rule shall be responsible for receiving service of notices, pleadings and other documents and promptly notifying the designating attorney of their receipt and contents. The local counsel may also appear in the place of the lead counsel. This rule does not require the local counsel to take responsibility for any substantive aspects of the litigation or to sign any pleading, motion, or other paper.

Committee Note: This rule is based on local General Rule 3.13 which was adopted on 6 May 1986 as a rule of this Court and amended by general order of 15 February 1988. The modifications to section A are intended for clarification, to require filing of an appearance by local counsel for docket and notice purposes, and to allow waiver of the rule in appropriate situations in view of the nationwide jurisdiction of the Bankruptcy Court and the need to recognize economic burdens in relatively small matters. Section B is modified to eliminate the duty of the clerk and replace it with the possibility of action by the court.