SUBSTITUTION OF ATTORNEY – ALABAMA STATE COURT
[In the Circuit Court of ___ County, Alabama]
[Case Division if applicable]
STYLE OF THE CASE
- Case Number: [Case No.]
- Plaintiff(s): [Names]
- Defendant(s): [Names]
- Assigned Judge: [Judge Name]
NOTICE OF SUBSTITUTION OF COUNSEL
COMES NOW [Party Name] and, pursuant to Alabama Rule of Civil Procedure 5 and applicable local rules, provides notice that [New Attorney Name], Alabama Bar No. [Number], of [New Firm Name], is hereby substituted as counsel of record in place of [Withdrawing Attorney Name], Alabama Bar No. [Number], of [Former Firm Name].
WITHDRAWING COUNSEL INFORMATION
- Name: [Withdrawing Attorney Name]
- Firm: [Former Firm Name]
- Address: [Street, City, State ZIP]
- Telephone: [Number]
- Email: [Email Address]
SUBSTITUTING COUNSEL INFORMATION
- Name: [New Attorney Name]
- Alabama Bar Number: [Number]
- Firm: [New Firm Name]
- Address: [Street, City, State ZIP]
- Telephone: [Number]
- Email for Service: [Email Address]
- Fax (if used for service under Ala. R. Civ. P. 5(b)(1)(C)): [Fax Number]
CLIENT CONSENT
The undersigned client acknowledges receipt of this notice, consents to the substitution, and authorizes [New Attorney Name] to appear as counsel of record. If the client is an entity, the signer confirms authority to bind the entity.
COURT APPROVAL (IF REQUIRED)
☐ A motion to withdraw was granted on [Date]; a copy of the order is attached.
☐ Court approval is requested via the proposed order below.
☐ Not applicable because substitution is by agreement prior to trial settings.
SIGNATURES
Withdrawing Attorney
[Withdrawing Attorney Name]
Date: _______
Substituting Attorney
[New Attorney Name]
Date: _______
Client / Authorized Representative
[Client Name / Title]
Date: _______
PROPOSED ORDER (OPTIONAL)
IT IS ORDERED that [New Attorney Name] of [New Firm Name] is substituted as counsel of record for [Party Name], and [Withdrawing Attorney Name] is relieved of further responsibility in this matter, subject to completion of any outstanding obligations imposed by prior orders. DONE and ORDERED this ___ day of ____, 20__.
[JUDGE NAME]
Circuit Judge
CERTIFICATE OF SERVICE
I certify that on [Date], I served the foregoing Substitution of Attorney on all counsel and parties listed below pursuant to Ala. R. Civ. P. 5(b) by the method indicated.
| Recipient | Address / Email | Method (☐ AlaFile ☐ Email ☐ U.S. Mail ☐ Certified Mail ☐ Hand Delivery ☐ Other) |
|---|---|---|
| [Name] | [Address/Email] | [Method] |
[Name of Person Effecting Service]
Date: _______
PRACTICE REMINDERS:
- Update the court’s electronic filing profile (AlaFile) to reflect new counsel contact information immediately after filing.
- Provide the client with a copy of any upcoming deadlines within five days of substitution to ensure compliance with Ala. R. Prof. Cond. 1.4.
- If withdrawing counsel holds client property or trust funds, confirm transfer arrangements and document completion in the client file.