Substitution of Attorney – Alaska Superior Court

SUBSTITUTION OF ATTORNEY

Alaska Superior Court

COURT INFORMATION

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA

☐ FIRST JUDICIAL DISTRICT AT [________________________________]
(Juneau, Ketchikan, Sitka)
☐ SECOND JUDICIAL DISTRICT AT [________________________________]
(Barrow, Kotzebue, Nome)
☐ THIRD JUDICIAL DISTRICT AT [________________________________]
(Anchorage, Kenai, Kodiak, Palmer, Valdez)
☐ FOURTH JUDICIAL DISTRICT AT [________________________________]
(Bethel, Fairbanks)

CASE CAPTION

[________________________________],
Plaintiff(s),

vs.

[________________________________],
Defendant(s).

Case No.: [________________________________]
Assigned Judge: The Honorable [________________________________]
Trial Date (if set): [__/__/____]
Next Hearing/Conference Date: [__/__/____]

NOTICE OF SUBSTITUTION OF COUNSEL

TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE that, pursuant to Alaska Rules of Civil Procedure Rule 81(c) (entry of appearance) and Rule 81(e) (withdrawal of attorney), [________________________________] ("Client") hereby substitutes attorneys in the above-captioned matter, as set forth below.

Under Civil Rule 81(e)(1)(A), Outgoing Counsel may withdraw where the party "has other counsel ready to be substituted for the attorney who wishes to withdraw." Because Incoming Counsel is ready to assume representation effective immediately, this substitution satisfies the requirements for withdrawal under Rule 81(e)(1)(A).

All future pleadings, papers, notices, and communications in this matter shall be directed to and served upon Incoming Counsel at the address specified below.

I. OUTGOING COUNSEL INFORMATION

II. INCOMING COUNSEL INFORMATION

Electronic Service: Incoming Counsel confirms registration for electronic service as required by Administrative Rule 43.5 and will receive all electronically-served documents at the email address provided above.

III. CLIENT CONSENT TO SUBSTITUTION

I, [________________________________] ("Client"), hereby state and acknowledge the following:

1. I have been informed of and consent to the withdrawal of [________________________________] ("Outgoing Counsel") as my attorney of record in the above-captioned matter.

2. I have been informed of and consent to the substitution of [________________________________] ("Incoming Counsel") as my attorney of record in the above-captioned matter.

3. I understand that all future filings, notices, and communications in this case will be directed to Incoming Counsel.

4. This substitution is made voluntarily.

5. I understand the current status of the case, including all pending deadlines and upcoming hearing dates.

6. I authorize Outgoing Counsel to transfer my complete case file and all work product to Incoming Counsel.

Consent Method (check one):
☐ Client signs this document below
☐ Client consents in open court on [__/__/____] (see transcript reference)
☐ Client is an entity – authorized representative signs below

Client / Authorized Representative Signature:

________________________________________
[________________________________]
Print Name: [________________________________]
Title (if entity): [________________________________]
Date: [__/__/____]

Current Service Address: [________________________________]
Current Telephone Number: [________________________________]

Note: Under Civil Rule 81(e)(1)(B), when the party consents to withdrawal, the party must provide in writing or on the record a current service address and telephone number.

IV. REASON FOR SUBSTITUTION

☐ Mutual agreement of client and outgoing counsel
☐ Client's request for change of counsel
☐ Outgoing counsel's departure from firm; client remains with firm
☐ Outgoing counsel's departure from firm; client follows departing attorney
☐ Merger or dissolution of outgoing counsel's firm
☐ Outgoing counsel's retirement or cessation of practice
☐ Other: [________________________________]

V. OUTGOING COUNSEL'S REPRESENTATIONS AND CERTIFICATIONS

Pursuant to Alaska Civil Rule 81(e), Outgoing Counsel hereby represents and certifies the following:

A. Pending Deadline Disclosure

Under Civil Rule 81(e)(1)(A)-(B), Outgoing Counsel certifies that the following is a complete list of all pending pretrial deadlines, post-trial deadlines, appellate deadlines, motion deadlines, and hearing dates and times in this matter:

This list has been provided to both the Client and Incoming Counsel, as required by Civil Rule 81(e).

B. Client File and Property Transfer

Consistent with Alaska Rules of Professional Conduct Rule 1.16(d), Outgoing Counsel has taken, or will promptly take, steps to protect the client's interests, including:

☐ Delivering to Incoming Counsel all papers and property to which the client is entitled
☐ Refunding any advance payment of fees or expenses that have not been earned or incurred
☐ Providing a final accounting of all fees and costs

C. Trust Account Compliance

All client funds held in trust have been or will be accounted for and transferred in compliance with Alaska Bar Rule 45 (Trust Accounts). Outgoing Counsel certifies:

☐ No client funds are currently held in trust
☐ Client funds in the amount of $[________________________________] are held in trust and will be transferred or disbursed as follows: [________________________________]

D. No Prejudice

This substitution will not prejudice the opposing party or cause delay of any pending proceedings.

E. CourtView Update

Outgoing Counsel will update CourtView system contact information immediately upon filing to ensure electronic notifications are properly directed to Incoming Counsel.

VI. INCOMING COUNSEL'S REPRESENTATIONS

Incoming Counsel hereby represents and certifies the following:

1. I am an attorney duly licensed and in good standing with the Alaska Bar Association, Bar No. [________________________________].

2. I have reviewed the case file and am familiar with the current status of this case, including all pending deadlines, motions, and scheduled court dates.

3. I am prepared to assume representation of [________________________________] ("Client") without delay or continuance of any pending proceedings.

4. I have registered for electronic service pursuant to Administrative Rule 43.5 and will ensure that my correct service email address is on file.

5. I consent to the entry of my appearance as counsel of record in this matter pursuant to Civil Rule 81(c).

6. I have received the list of pending deadlines from Outgoing Counsel as required by Civil Rule 81(e).

VII. STATUS OF PENDING MATTERS

The parties and the Court are advised of the following:

☐ No motions are currently pending.
☐ The following motions are pending:

• [________________________________], filed [__/__/____], hearing set for [__/__/____]
• [________________________________], filed [__/__/____], hearing set for [__/__/____]

☐ Discovery is complete.
☐ Discovery is ongoing. Discovery cutoff date: [__/__/____]

☐ No trial date has been set.
☐ Trial is set for [__/__/____].

☐ A scheduling conference is set for [__/__/____].
☐ A pretrial conference is set for [__/__/____].
☐ Mediation/ADR is scheduled for [__/__/____].

VIII. SIGNATURES

Outgoing Counsel

________________________________________
[________________________________]
Alaska Bar No. [________________________________]
[________________________________] (Firm Name)
[________________________________] (Mailing Address)
[________________________________], AK [____]
Telephone: [________________________________]
Email: [________________________________]
Date: [__/__/____]

Incoming Counsel

________________________________________
[________________________________]
Alaska Bar No. [________________________________]
[________________________________] (Firm Name)
[________________________________] (Mailing Address)
[________________________________], AK [____]
Telephone: [________________________________]
Email: [________________________________]
Date: [__/__/____]

IX. PROPOSED ORDER APPROVING SUBSTITUTION OF COUNSEL

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
[____] JUDICIAL DISTRICT AT [________________________________]

[________________________________], Plaintiff(s),
vs.
[________________________________], Defendant(s).

Case No.: [________________________________]

ORDER APPROVING SUBSTITUTION OF COUNSEL

Upon review of the Notice of Substitution of Counsel and the requirements of Alaska Civil Rule 81(e) having been satisfied,

IT IS HEREBY ORDERED that:

1. [________________________________] ("Outgoing Counsel"), Alaska Bar No. [________________________________], is withdrawn as counsel of record for [________________________________] ("Client") in the above-captioned matter pursuant to Civil Rule 81(e)(1)(A).

2. [________________________________] ("Incoming Counsel"), Alaska Bar No. [________________________________], of [________________________________] (Firm Name), is substituted as counsel of record for [________________________________] ("Client") pursuant to Civil Rule 81(c).

3. All future filings, notices, and communications shall be directed to and served upon Incoming Counsel at the address provided in the Notice of Substitution.

4. The Clerk of the Court shall update the case records on CourtView to reflect this substitution.

5. This substitution shall not affect any pending deadlines or scheduled hearing dates.

DATED at [________________________________], Alaska, this [__/__/____].

________________________________________
The Honorable [________________________________]
Superior Court Judge
[____] Judicial District

X. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing NOTICE OF SUBSTITUTION OF COUNSEL and [PROPOSED] ORDER APPROVING SUBSTITUTION OF COUNSEL was served upon the following parties via the method(s) indicated:

☐ Electronic Service (Administrative Rule 43.5)
☐ First-Class United States Mail, postage prepaid
☐ Hand Delivery
☐ Facsimile
☐ Other: [________________________________]

________________________________________
[________________________________]
Date: [__/__/____]

PRACTICE NOTES AND FILING GUIDANCE

1. Civil Rule 81(e) Compliance. Alaska Civil Rule 81(e)(1)(A) permits withdrawal where the party has other counsel ready to be substituted. This is the simplest path for substitution—file this notice with all three signatures (outgoing counsel, incoming counsel, and client) and a proposed order.

2. Deadline Disclosure Requirement. Civil Rule 81(e) expressly requires the withdrawing attorney to provide a list of all pending pretrial, post-trial, appellate, and motion deadlines, as well as hearing dates and times. Failure to comply may result in denial of the withdrawal request.

3. Client Address and Phone. Under Civil Rule 81(e)(1)(B), when the party consents to withdrawal, the party must provide a current service address and telephone number in writing or on the record. This is required even when substitute counsel is being entered simultaneously.

4. CourtView Update. Update the CourtView system contact information immediately after filing to ensure that all electronic notifications reach Incoming Counsel. Failure to update CourtView may cause missed filings.

5. Trust Account Transfer. If Outgoing Counsel holds client funds, transfer must comply with Alaska Bar Rule 45. Document the transfer with receipts and provide a final accounting to the client.

6. File Transfer. Under ARPC Rule 1.16(d), Outgoing Counsel must deliver all papers and property to which the client is entitled. The client file belongs to the client, and Outgoing Counsel may retain copies at their own expense.

7. Pro Hac Vice Counsel. If either outgoing or incoming counsel was admitted pro hac vice, additional requirements may apply. Consult Alaska Bar Association pro hac vice rules.

8. Filing Method. Check the specific judicial district's requirements for electronic vs. paper filing. Some districts require paper filing for certain document types.

SOURCES AND REFERENCES

• Alaska Rules of Civil Procedure, Rule 81 – Attorneys: https://courts.alaska.gov/rules/docs/civ.pdf
• Alaska Rules of Professional Conduct, Rule 1.16: https://courts.alaska.gov/rules/index.htm
• Alaska Court System – Court Rules: https://courts.alaska.gov/rules/index.htm
• Alaska Bar Rule 45 – Trust Accounts: https://courts.alaska.gov/rules/index.htm
• Alaska Administrative Rule 43.5 – Electronic Service: https://courts.alaska.gov/rules/index.htm