N.Y. Civil Practice Law & Rules § 321: Attorneys

§ 321. Attorneys. (a) Appearance in person or by attorney. A party,

other than one specified in section 1201 of this chapter, may prosecute

or defend a civil action in person or by attorney, except that a

corporation or voluntary association shall appear by attorney, except as

otherwise provided in sections 1809 and 1809-A of the New York city

civil court act, sections 1809 and 1809-A of the uniform district court

act and sections 1809 and 1809-A of the uniform city court act, and

except as otherwise provided in section 501 and section 1809 of the

uniform justice court act. If a party appears by attorney such party may

not act in person in the action except by consent of the court.

(b) Change or withdrawal of attorney. 1. Unless the party is a person

specified in section 1201, an attorney of record may be changed by

filing with the clerk a consent to the change signed by the retiring

attorney and signed and acknowledged by the party. Notice of such change

of attorney shall be given to the attorneys for all parties in the

action or, if a party appears without an attorney, to the party.

2. An attorney of record may withdraw or be changed by order of the

court in which the action is pending, upon motion on such notice to the

client of the withdrawing attorney, to the attorneys of all other

parties in the action or, if a party appears without an attorney, to the

party, and to any other person, as the court may direct.

(c) Death, removal or disability of attorney. If an attorney dies,

becomes physically or mentally incapacitated, or is removed, suspended

or otherwise becomes disabled at any time before judgment, no further

proceeding shall be taken in the action against the party for whom he

appeared, without leave of the court, until thirty days after notice to

appoint another attorney has been served upon that party either

personally or in such manner as the court directs.

(d) Limited scope appearance. 1. An attorney may appear on behalf of a

party in a civil action or proceeding for limited purposes. Whenever an

attorney appears for limited purposes, a notice of limited scope

appearance shall be filed in addition to any self-represented appearance

that the party may have already filed with the court. The notice of

limited scope appearance shall be signed by the attorney entering the

limited scope appearance and shall define the purposes for which the

attorney is appearing. Upon such filing, and unless otherwise directed

by the court, the attorney shall be entitled to appear for the defined

purposes.

2. Unless otherwise directed by the court upon a finding of

extraordinary circumstances and for good cause shown, upon completion of

the purposes for which the attorney has filed a limited scope

appearance, the attorney shall file a notice of completion of limited

scope appearance which shall constitute the attorney's withdrawal from

the action or proceeding.