Substitution of Attorney – Arkansas State Court

SUBSTITUTION OF ATTORNEY

Arkansas Circuit Court

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ARKANSAS

[________________________________] DIVISION

MOTION FOR SUBSTITUTION OF COUNSEL AND NOTICE OF APPEARANCE

(Pursuant to Arkansas Rule of Civil Procedure 64)

I. INTRODUCTION AND REQUEST

TO THE HONORABLE COURT AND ALL PARTIES OF RECORD:

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

IMPORTANT NOTE — Court Permission Required: Under Arkansas Rule of Civil Procedure 64(b), an attorney may not withdraw from representation of any party in a pending case without permission of the court. This Motion seeks Court approval for the simultaneous withdrawal of Outgoing Attorney and substitution of Incoming Attorney.

II. PARTY IDENTIFICATION

The Client appears in this matter as:

☐ Plaintiff

☐ Defendant

☐ Cross-Plaintiff

☐ 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.

☐ Outgoing Attorney is relocating and will no longer be available to practice in this jurisdiction.

☐ Outgoing Attorney is retiring from the practice of law.

☐ Other good cause: [________________________________]

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.

VI. COMPLIANCE WITH RULE 64(b) REQUIREMENTS

Outgoing Attorney certifies that the requirements of Arkansas Rule of Civil Procedure 64(b) have been satisfied as follows:

A. Avoidance of Foreseeable Prejudice:

The Outgoing Attorney has taken all steps necessary to avoid foreseeable prejudice to the Client, including:

1. ☐ Provided due notice to the Client of the intent to withdraw from representation.

2. ☐ Allowed adequate time for the Client to retain replacement counsel, and replacement counsel has in fact been retained.

3. ☐ Tendered or stands ready to tender all client papers, files, and documents to the Incoming Attorney.

4. ☐ Refunded or stands ready to refund any unearned fees to the Client, in accordance with Arkansas Rule of Professional Conduct 1.16(d).

B. Client Notification:

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

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

7. ☐ The Client has been advised of the status of any pending motions or court orders.

C. File Transfer:

8. ☐ All client files, documents, and property have been transferred to the Incoming Attorney.

☐ All client files, documents, and property will be transferred to the Incoming Attorney within [____] days of the Court's Order.

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 VIII below.

6. ☐ 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. STATUS OF CASE AND PENDING MATTERS

The parties certify the following regarding the current status of this case:

A. Case Posture:

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

☐ Discovery phase

☐ Post-discovery / dispositive motions stage

☐ Trial preparation phase

☐ Post-trial / post-judgment

☐ 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 scheduling conference or trial setting hearing is set for [__/__/____].

IX. INCOMING ATTORNEY NOTICE OF APPEARANCE

Pursuant to Arkansas Rule of Civil Procedure 64(a), [________________________________] ("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 approving this substitution.

Incoming Attorney acknowledges the following:

1. Incoming Attorney is a member in good standing of the Arkansas Bar, Bar ID No. [________________________________].

2. Incoming Attorney has reviewed the file and is familiar with the current status of this matter.

3. Incoming Attorney accepts 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.

X. SIGNATURES

OUTGOING ATTORNEY:

________________________________________

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

Date: [__/__/____]

INCOMING ATTORNEY:

________________________________________

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

Date: [__/__/____]

XI. PROPOSED ORDER

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ARKANSAS

[________________________________] 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, the certifications of counsel, and the requirements of Arkansas Rule of Civil Procedure 64(b), 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 requirements of Rule 64(b), including avoidance of foreseeable prejudice to the Client, provision of due notice, and tender of client papers and unearned fees.

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

4. Good cause exists for the substitution.

IT IS THEREFORE ORDERED:

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

2. [________________________________] ("Outgoing Attorney"), Arkansas Bar ID 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 case records to reflect this substitution.

IT IS SO ORDERED this [____] day of [________________________________], 20[____].

________________________________________

Hon. [________________________________]
Circuit Judge

XII. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a true and correct copy of the foregoing Motion for Substitution of Counsel and 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 Arkansas Rule of Civil Procedure 5:

________________________________________

Signature of Person Effecting Service

Printed Name: [________________________________]

Date: [__/__/____]

XIII. PRACTICE NOTES FOR ARKANSAS PRACTITIONERS

1. Court Permission Mandatory: Arkansas Rule of Civil Procedure 64(b) is distinctive in that it requires court permission for any attorney withdrawal from a pending case. Unlike jurisdictions that allow substitution by notice alone, Arkansas requires the trial court to play an active role in determining whether the withdrawal requirements have been met. A proposed order should always accompany the motion.

2. Rule 64(b) Three-Part Test: Arkansas courts evaluate whether withdrawing counsel has: (a) given due notice to the client; (b) allowed time for employment of other counsel; and (c) tendered or stands ready to tender client papers and unearned fees. All three elements must be satisfied before the court will grant permission to withdraw. See Allison v. Dufresne, 341 Ark. 431, 18 S.W.3d 323 (2000).

3. Foreseeable Prejudice Standard: The trial court must also determine whether the withdrawal will cause foreseeable prejudice to the client. If trial is imminent or critical deadlines are approaching, the court may deny the substitution or impose conditions.

4. CourtConnect E-Filing: Arkansas circuit courts use the CourtConnect electronic filing system. Update attorney information in CourtConnect immediately after the Order is entered to ensure proper routing of electronic notices and filings.

5. Rule 87 — Limited Scope Representation: If the Incoming Attorney is entering a limited scope appearance under Arkansas Rule of Civil Procedure 87, additional disclosures and a separate Limited Scope Appearance form are required. Rule 87 was adopted alongside revisions to Rules 11 and 64 in 2017 to facilitate unbundled legal services.

6. Professional Conduct Obligations: Arkansas Rule of Professional Conduct 1.16(d) requires the withdrawing attorney to 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.

7. Transition Documentation: Prepare a comprehensive transition memorandum for the Incoming Attorney detailing all pending deadlines, discovery status, the posture of all pending motions, and the contents of the client file.

Sources and References

• Arkansas Rules of Civil Procedure, Rule 64 — Addition and Withdrawal of Counsel
• Arkansas Rules of Civil Procedure, Rule 87 — Limited Scope Appearance
• Arkansas Rules of Civil Procedure, Rule 11 — Signing of Pleadings
• Arkansas Rules of Civil Procedure, Rule 5 — Service and Filing of Pleadings and Other Papers
• Arkansas Rules of Professional Conduct, Rule 1.16 — Declining or Terminating Representation
• Ark. Code Ann. § 16-22-101 et seq. — Attorneys at Law
• Allison v. Dufresne, 341 Ark. 431, 18 S.W.3d 323 (2000) (withdrawal requirements under Rule 64(b))
• In re Adoption of Revised Rules 11 and 64 and New Rule 87, 2017 Ark. 373 (2017)
• Arkansas CourtConnect E-Filing System: https://caseinfo.arcourts.gov/
• Arkansas Judiciary Official Website: https://www.arcourts.gov/