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Rule 51. Disputed Attorney Fees--Withdrawal of Attorney--Change of Address

Oklahoma Statutes AnnotatedTitle 85. Workers' Compensation

Oklahoma Statutes Annotated
Title 85. Workers' Compensation (Refs & Annos)
Chapter 4.--Appendix. Rules of the Workers' Compensation Court of Existing Claims
T. 85, Ch. 4, App., Rule 51
Rule 51. Disputed Attorney Fees--Withdrawal of Attorney--Change of Address
Currentness
A. When a dispute arises among several attorneys as to the identity of claimant's attorney of record, or when several successive attorneys lay claim to a fee in the same case, the trial judge shall decide the issues raised and allocate the fee allowed in proportion to the services rendered.
B.1. Before any attorney may withdraw as an attorney from a Workers' Compensation Court case, the attorney shall obtain leave of Court to withdraw, for good cause shown.
2. The attorney filing the Application for Leave to Withdraw as Attorney of Record shall send a copy of the application to the attorney's client and to all attorneys of record. All applications shall be signed by the party on whose behalf the attorney has previously appeared or contain a certificate of the movant attorney that:
a. the client has knowledge of and has approved or refused to approve the withdrawal; or
b. the attorney has made a good faith effort to notify the client and the client cannot be located.
3. In all cases, the moving attorney shall certify whether or not:
a. the case is set for trial or mediation;
b. the case is pending for an order;
c. the case is pending on appeal;
d. a permanent total disability order has been entered; or
e. a death claim order has been entered.
4. All applications to withdraw shall include an order for the Court.
5. A Form 93 has been adopted by the Court that may be used for this purpose.
6. The filing of a Form 93 does not perfect an attorney lien.
C. Except when an attorney's representation has been terminated at the client's initiative, no attorney shall be allowed to withdraw as an attorney for a party when that attorney has signed the pleadings necessary to perfect an appeal. This prohibition shall apply until the appeal has been fully submitted for consideration. This prohibition shall not apply if another attorney has entered an appearance for the appealing party before the filing of the application to withdraw.
D. Any attorney of record shall give notice of a change of address by mailing to the docket office, a copy of the letterhead containing the new address and a list containing the Oklahoma Bar Association number of each attorney member of the firm who regularly appears in Court. A party acting pro se shall mail notice of the change of address to the docket office. Attorneys of record who change firms shall notify the Court of the status of the representation of their clients, and shall immediately withdraw, when appropriate.

Credits

Formerly Rule 34, adopted July 12, 1990, effective November 1, 1990. Amended January 22, 2002, effective March 1, 2002. Corrected effective February 6, 2002. Amended March 29, 2004, effective June 1, 2004. Renumbered Rule 51, amended effective January 30, 2006. Amended effective March 6, 2012. Amended January 16, 2014, effective January 31, 2014.
Workers' Compensation Rule 51, 85 O. S. A. Ch. 4, App., OK ST WORK COMP Rule 51
Current with amendments received through April 15, 2024. Some rules may be more current, see credits for details.
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