Haw. Prob. R. 44
Effective upon approval by the court, an attorney may withdraw as counsel in matters pending before the court by filing a Withdrawal of Counsel and Substitution of Counsel, if any, signed by the client, evidencing the client's agreement to the withdrawal. If the client's consent cannot be obtained or if the attorney finds it necessary to withdraw because of a conflict of interest under Rule 42(b) or (c), an attorney may withdraw as counsel only upon filing a petition to withdraw, giving notice to the client, and receiving the approval of the court. Withdrawals are subject to the guidelines of Rule 1.16 of the Hawai'i Rules of Professional Conduct and other applicable law. The court shall determine the division of fees between the attorney who has withdrawn and the new attorney if mutual agreement cannot be reached.
Haw. Prob. R. 44
COMMENTARY:
This rule adopts RCC 10.1 regarding withdrawal of counsel where the consent of the client cannot be obtained. Because of the qualified attorney-client relationship explained under Rule 42, it is possible that a conflict between the attorney's various duties exists to the extent that the attorney cannot continue to effectively represent the fiduciary. In such a situation, the attorney may petition the court for permission to withdraw, which the court will normally grant only where the attorney clearly establishes to the court (perhaps in chambers under sealed record) that effective representation is no longer possible.
There may also be circumstances where an attorney represents a client in an initial formal proceeding but the estate is then administered informally with the personal representative acting pro se. In such a situation, counsel could simply file a withdrawal of counsel signed by the client stating that the personal representative would thereafter act on his or her own behalf. Nothing in this rule is intended to supersede the law that provides that a corporate fiduciary cannot act pro se before the court.