Substitution of Attorney

Substitution of Attorney

Court cases are usually complicated, and most people cannot handle things related to court on their own. However, there are so many branches of law, and knowing everything you need to do if you want court assistance or have been sued and you need to defend yourself, is not easy. You will need to work with an attorney.

Lawyers understand the law better, and they can help you with anything to do with the court. But it is not every time you like everything that your attorney is doing, and if you feel that you are not happy or disagree upon case evidence, you can substitute with another. But first, you must know the procedure to follow to have your attorney substituted with another.

Substitution of Attorney Form

Anyone who wants to change the attorney must make sure the attorney signs the substitution form or what is referred to as the notice of substitution of counsel. The notice of withdrawal is only a single-page form meant to provide details of the substitution and the parties’ names. The information must include the case number, the names of both attorneys, and contact details.

Substitution Process

The form submitted to the court must be signed by the two attorneys, the one leaving and the one taking over the case, but in rare cases, you may only the new attorney sign the form. You also must file a copy of the notice with the clerk of the court. The clerk will have to present the copy to the judge, who will authorize the change by signing the form, and after that, the judge will permit the change and complete the substitution process.

In some cases, when you are dealing with a law firm, you may have your lawyer substituted when the one handling your case is no longer in the same firm. You may have to change the attorney who has left the firm with another one working for the same firm.

The entire process may differ from state to state and country to country, and it is important to know what laws govern your state and the substitution procedure.