RULE 9.440. ATTORNEYS

(a) Foreign Attorneys. An attorney who is an active member
in good standing of the bar of another state may be permitted to
appear in a proceeding in compliance with Florida Rule of General
Practice and Judicial Administration 2.510.

(b) Limiting Appearance. An attorney of record for a party
in an appeal or original proceeding governed by these rules will be
the attorney of record throughout the same appeal or original
proceeding unless at the time of appearance the attorney files a
notice specifically limiting the attorney’s appearance only to a
particular matter or portion of the proceeding in which the attorney
appears.

(c) Scope of Representation. If an attorney appears for a
particular limited matter or portion of a proceeding, as provided by
this rule, that attorney will be deemed “of record” for only that
particular matter or portion of the proceeding. If the party
designates e-mail address(es) for service on and by that party, the
party’s e-mail address(es) must also be included. At the conclusion
of such matter or that portion of the proceeding, the attorney’s role
terminates without the necessity of leave of court on the attorney
filing a notice of completion of limited appearance. The notice of
termination of limited appearance must be substantially in the form
prescribed by rule 9.900(n) and must include the names and last
known addresses of the person(s) represented by the withdrawing
attorney.

(d) Withdrawal of Attorneys; Substitution of Attorneys.

(1) If an attorney complies with subdivisions (b) and (c)
of this rule, the attorney may withdraw without leave of court.

(2) If an attorney from the same firm, company, or
governmental agency has already appeared on behalf of the client or
is the proposed substitute counsel, withdrawal and substitution
may be completed by filing a notice under the Florida Rules of
General Practice and Judicial Administration. A copy of the notice
must be served on the client and adverse parties.

(3) All other attorneys must first seek leave of court to
withdraw. The attorney must file a motion for that purpose stating
the reasons for withdrawal and the client’s address. A copy of the
motion must be served on the client and adverse parties.

Committee Notes

1977 Amendment. This rule replaces former rule 2.3 with
unnecessary subdivisions deleted. The deletion of former rule 2.3(c)
was not intended to authorize the practice of law by research aides
or secretaries to any justice or judge or otherwise approve actions
inconsistent with the high standards of ethical conduct expected of
such persons.

Subdivision (a) permits foreign attorneys to appear on motion
filed and granted at any time. See Fla. Bar Integr. Rule By-Laws,
art. II, § 2. There is no requirement that the foreign attorney be
from a jurisdiction giving a reciprocal right to members of The
Florida Bar. This rule leaves disposition of motions to appear to the
discretion of the court.
Subdivision (b) is intended to protect the rights of parties and
attorneys, and the needs of the judicial system.

This rule does not affect the right of a party to employ
additional attorneys who, if members of The Florida Bar, may
appear at any time.

2002 Amendment. The amendments to subdivision (a) are
intended to make that subdivision consistent with Florida Rule of
Judicial Administration 2.061, which was adopted in 2001, and the
amendments to subdivision (b) are intended to make that
subdivision consistent with Florida Rule of Judicial Administration
2.060(i).