Substitution of Attorney – Alabama State Court

SUBSTITUTION OF ATTORNEY

Alabama Circuit Court

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ALABAMA

[________________________________] DIVISION

Assigned Judge: Hon. [________________________________]

MOTION FOR SUBSTITUTION OF COUNSEL

(Pursuant to Alabama Rules of Civil Procedure and Applicable Local Rules)

I. INTRODUCTION AND MOTION

TO THE HONORABLE COURT AND ALL PARTIES OF RECORD:

COMES NOW [________________________________] ("Client"), by and through undersigned counsel, and respectfully moves this Honorable Court for an Order permitting the substitution of attorneys of record in the above-captioned matter. In support of this Motion, the Client states the following:

IMPORTANT NOTE — Alabama Practice: Alabama does not have a single statewide rule specifically governing substitution of counsel in civil cases by that name. Withdrawal of counsel generally requires court approval, particularly after a case has been set for trial. See Alabama Rule of Criminal Procedure 6.2 (applicable in criminal matters) and various local circuit court rules (applicable in civil matters). Many Alabama circuits treat a motion for substitution as a combined motion to withdraw and notice of appearance by new counsel. Check the local rules of the specific circuit where the case is pending.

II. PARTY IDENTIFICATION

The Client appears in this matter as:

☐ Plaintiff

☐ Defendant

☐ Cross-Claimant

☐ Cross-Defendant

☐ Third-Party Plaintiff

☐ Third-Party Defendant

☐ Intervenor

☐ Other: [________________________________]

III. OUTGOING ATTORNEY INFORMATION

IV. INCOMING ATTORNEY INFORMATION

V. GROUNDS FOR SUBSTITUTION

1. This case was filed on or about [__/__/____] and is currently pending before this Court.

2. [________________________________] ("Outgoing Attorney") has served as counsel of record for [________________________________] ("Client") since [__/__/____].

3. The substitution of counsel is sought for the following reason(s):

☐ Client has elected to retain new counsel of the Client's choosing.

☐ Outgoing Attorney and Client have mutually agreed to terminate the attorney-client relationship.

☐ Outgoing Attorney's firm has dissolved, merged, or reorganized, and the Client's representation is being transferred.

☐ Outgoing Attorney is relocating outside of Alabama.

☐ Outgoing Attorney is retiring from the practice of law.

☐ There has been an irreconcilable breakdown in the attorney-client relationship.

☐ Other: [________________________________]

4. [________________________________] ("Incoming Attorney") has agreed to represent the Client and is prepared to assume all responsibilities as counsel of record effective upon entry of the Court's Order.

5. The Client freely and voluntarily consents to this substitution.

VI. COMPLIANCE WITH PROFESSIONAL CONDUCT RULES

Outgoing Attorney certifies compliance with Alabama Rules of Professional Conduct Rule 1.16(d) as follows:

A. Protection of Client Interests:

1. ☐ Reasonable notice has been given to the Client of the Outgoing Attorney's intent to withdraw from representation.

2. ☐ Adequate time has been allowed for the Client to retain replacement counsel, and replacement counsel has been obtained.

3. ☐ All client papers, files, and property have been or will be surrendered to the Incoming Attorney.

4. ☐ Any advance payment of fees not yet earned has been refunded or will be refunded to the Client.

B. Client Communication (Rule 1.4):

5. ☐ The Client has been informed in writing of all pending deadlines, hearing dates, and trial dates.

6. ☐ The Client has been informed of all outstanding discovery obligations and compliance requirements.

7. ☐ The Client has been advised of the current status of all pending motions and court orders.

C. Trust Account Compliance (Rule 1.15):

8. ☐ All trust account funds belonging to the Client have been properly accounted for.

9. ☐ All trust account funds have been or will be disbursed or transferred in accordance with Alabama Rules of Professional Conduct Rule 1.15.

VII. CLIENT CONSENT AND ACKNOWLEDGMENT

I, [________________________________], the Client (or authorized representative of the Client) in the above-captioned matter, hereby declare and acknowledge:

1. I have been fully informed of this proposed substitution of counsel.

2. I freely and voluntarily consent to the withdrawal of [________________________________] as my attorney and the substitution of [________________________________] as my new counsel of record.

3. I understand that all future court filings, notices, orders, and communications will be directed to my new counsel of record at the address listed in Section IV above.

4. I understand that this substitution does not alter any existing deadlines, court orders, or obligations in this matter.

5. I have been advised of all pending deadlines, discovery obligations, and upcoming hearings as set forth in Section IX below.

6. I have received or will receive within five (5) days a copy of all upcoming deadlines in compliance with Alabama Rule of Professional Conduct 1.4.

7. ☐ I am a natural person signing on my own behalf.
   ☐ I am an authorized representative of [________________________________] (entity name) with authority to bind the entity.

Client Signature:

________________________________________

Printed Name: [________________________________]

Title (if applicable): [________________________________]

Date: [__/__/____]

VIII. LOCAL RULE COMPLIANCE

Alabama circuit courts maintain individual local rules that may impose additional requirements for substitution of counsel. The following certifications address common local rule requirements:

☐ 16th Judicial Circuit (Local Rule 21.4): Outgoing Attorney certifies that written notice of withdrawal has been provided to the Client by certified mail and that the Client's last known address is: [________________________________]

☐ Other Circuit Local Rule: The undersigned has reviewed the local rules of the [________________________________] Judicial Circuit and certifies compliance with all applicable local requirements regarding attorney withdrawal and substitution, including: [________________________________]

☐ No Applicable Local Rule: The undersigned has reviewed the local rules of the [________________________________] Judicial Circuit and has determined that no specific local rule governs substitution of counsel beyond the Alabama Rules of Civil Procedure and Rules of Professional Conduct.

IX. STATUS OF CASE AND PENDING MATTERS

A. Case Posture:

☐ Pre-answer stage (Answer due: [__/__/____])

☐ Discovery phase

☐ Post-discovery / summary judgment stage

☐ Trial preparation phase

☐ Post-trial / post-judgment

☐ Appeal pending

☐ Other: [________________________________]

B. Pending Deadlines:

C. Upcoming Hearings and Conferences:

D. Discovery Status:

☐ Discovery has not yet commenced.

☐ Discovery is ongoing. Outstanding obligations include: [________________________________]

☐ Discovery has closed.

☐ Expert disclosures are due on: [__/__/____]

E. Trial Setting:

☐ No trial date has been set.

☐ Trial is set for [__/__/____] at [____] a.m./p.m.

☐ A docket call / trial setting conference is set for [__/__/____].

☐ Case is on the active trial docket.

X. INCOMING ATTORNEY NOTICE OF APPEARANCE

[________________________________] ("Incoming Attorney") hereby enters an appearance as counsel of record for [________________________________] ("Client") in the above-captioned matter, effective upon entry of the Court's Order.

Incoming Attorney represents and certifies the following:

1. Incoming Attorney is a member in good standing of the Alabama State Bar, ASB No. [________________________________].

2. Incoming Attorney has reviewed the file and is familiar with the current status of this matter, including all pending deadlines and obligations.

3. Incoming Attorney accepts full responsibility for all future representation of the Client in this proceeding.

4. Incoming Attorney requests that all future filings, notices, and communications be directed to the address set forth in Section IV above.

5. Incoming Attorney is registered with the AlaFile electronic filing system and will receive electronic service at the email address set forth in Section IV above.

XI. SIGNATURES

OUTGOING ATTORNEY:

________________________________________

[________________________________]
Alabama State Bar No. [________________________________]
[________________________________] (Firm Name)
[________________________________] (Address)
[________________________________] (City, State, ZIP)
Telephone: [________________________________]
Email: [________________________________]

Date: [__/__/____]

INCOMING ATTORNEY:

________________________________________

[________________________________]
Alabama State Bar No. [________________________________]
[________________________________] (Firm Name)
[________________________________] (Address)
[________________________________] (City, State, ZIP)
Telephone: [________________________________]
Email: [________________________________]

Date: [__/__/____]

XII. PROPOSED ORDER

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ALABAMA

[________________________________] DIVISION

Case No.: [________________________________]

ORDER GRANTING SUBSTITUTION OF COUNSEL

THIS MATTER having come before the Court upon the Motion for Substitution of Counsel filed by [________________________________] ("Client"), and the Court having reviewed the Motion, the consent of the Client, and the certifications of counsel, and being otherwise sufficiently advised:

THE COURT FINDS:

1. The Client has consented to the substitution of counsel.

2. The Outgoing Attorney has complied with the applicable requirements of the Alabama Rules of Professional Conduct regarding termination of representation.

3. The Incoming Attorney is a member in good standing of the Alabama State Bar and has entered an appearance in this matter.

4. The substitution will not cause undue delay or prejudice to any party.

5. Good cause exists for the substitution.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED:

1. [________________________________] ("Incoming Attorney"), Alabama State Bar No. [________________________________], of [________________________________], is hereby substituted as counsel of record for [________________________________] in this matter.

2. [________________________________] ("Outgoing Attorney"), Alabama State Bar No. [________________________________], is hereby relieved as counsel of record for [________________________________], subject to the following conditions:

a. Outgoing Attorney shall complete the transfer of all client files, documents, and property to Incoming Attorney within [____] days of the date of this Order.

b. Outgoing Attorney shall remain responsible for compliance with any outstanding court orders entered prior to the date of this Order until file transfer is complete.

3. All future filings, notices, and communications shall be directed to Incoming Attorney at the address set forth in the Motion.

4. The Clerk shall update the case records and AlaFile system to reflect this substitution.

DONE AND ORDERED this [____] day of [________________________________], 20[____].

________________________________________

Hon. [________________________________]
Circuit Judge

XIII. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a true and correct copy of the foregoing Motion for Substitution of Counsel, Notice of Appearance, and Proposed Order upon all parties and counsel of record in the above-captioned matter by the method(s) indicated below, in compliance with Alabama Rule of Civil Procedure 5(b):

________________________________________

Signature of Person Effecting Service

Printed Name: [________________________________]

Date: [__/__/____]

XIV. PRACTICE NOTES FOR ALABAMA PRACTITIONERS

1. No Unified Statewide Rule: Unlike many states, Alabama does not have a single, comprehensive statewide rule specifically titled "Substitution of Attorney" in the Alabama Rules of Civil Procedure. Attorney withdrawal and substitution are governed by a combination of Rule 5 (service requirements), local circuit court rules, and the Alabama Rules of Professional Conduct. Always check the local rules of the specific judicial circuit where the case is pending.

2. Local Rule Variations: Individual Alabama judicial circuits maintain their own local rules regarding attorney withdrawal. For example, the 16th Judicial Circuit (Etowah County) has Local Rule 21.4, which specifically addresses withdrawal of attorney requirements including certified mail notice to the client. Other circuits may have similar or different requirements.

3. Court Approval Advisable: While some Alabama courts may accept a substitution by notice alone when new counsel is simultaneously entering an appearance, it is best practice to submit the substitution as a motion with a proposed order to ensure a clear record and avoid any ambiguity about the effective date of the change.

4. Criminal Cases — Rule 6.2: In criminal matters, Alabama Rule of Criminal Procedure 6.2 applies. Under Rule 6.2, no attorney shall be permitted to withdraw after a case has been set for trial except upon written motion stating the attorney's reasons for withdrawal. Withdrawal is permitted only upon order of the court. This heightened standard is important to keep in mind if the substitution relates to a criminal matter filed in circuit court.

5. AlaFile E-Filing System: Alabama courts use the AlaFile electronic filing system. Both the Outgoing Attorney and Incoming Attorney should update their AlaFile profiles immediately after the Order is entered. The Incoming Attorney must ensure their AlaFile account is properly configured to receive electronic service in the case.

6. Alabama Rule of Professional Conduct 1.4: Outgoing Attorney must provide the Client with a copy of all upcoming deadlines within five (5) days of substitution to ensure compliance with the communication requirements of Rule 1.4. Document this communication in the client file.

7. Alabama Rule of Professional Conduct 1.16(d): Upon termination of representation, the withdrawing attorney must take steps reasonably practicable to protect the client's interests, including giving reasonable notice, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled, and refunding any advance payment of fees not yet earned.

8. Transition Documentation: Prepare a comprehensive written transition memorandum for the Incoming Attorney that covers all pending deadlines, the status of discovery, any outstanding motions, and the current trial posture. Retain a copy in the Outgoing Attorney's file as evidence of compliance with professional obligations.

9. Fee Disputes: If a fee dispute exists between the Outgoing Attorney and the Client, the Outgoing Attorney may not hold the client file hostage pending resolution. The file must be surrendered, and fee disputes must be resolved through appropriate channels, including the Alabama State Bar's Fee Dispute Resolution Program if necessary.

Sources and References

• Alabama Rules of Civil Procedure, Rule 5 — Service and Filing of Pleadings and Other Papers
• Alabama Rules of Criminal Procedure, Rule 6.2 — Appearance of Counsel; Withdrawal
• Alabama Rules of Professional Conduct, Rule 1.16 — Declining or Terminating Representation
• Alabama Rules of Professional Conduct, Rule 1.15 — Safekeeping Property
• Alabama Rules of Professional Conduct, Rule 1.4 — Communication
• Ala. Code § 12-11-30 et seq. — Circuit Court Jurisdiction
• 16th Judicial Circuit Local Rule 21.4 — Withdrawal of Attorney
• Alabama State Bar Formal Opinion 1992-04 (Withdrawal when client refuses to cooperate)
• AlaFile Electronic Filing System: https://efile.alacourt.gov/
• Alabama Judicial System Official Website: https://judicial.alabama.gov/
• Alabama State Bar: https://www.alabar.org/