Substitution of Attorney – Arizona State Court

SUBSTITUTION OF ATTORNEY

Arizona Superior Court

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF [________________________________]

NOTICE OF SUBSTITUTION OF COUNSEL

(Pursuant to Arizona Rule of Civil Procedure 5.3(b))

I. NOTICE OF SUBSTITUTION

TO THE COURT, ALL PARTIES, AND THEIR RESPECTIVE COUNSEL OF RECORD:

PLEASE TAKE NOTICE that [________________________________] ("Client"), a party in the above-captioned matter appearing as ☐ Plaintiff ☐ Defendant ☐ Cross-Complainant ☐ Cross-Defendant ☐ Third-Party ☐ Other: [________________________________], hereby gives notice of the substitution of attorneys of record as follows:

Pursuant to Arizona Rule of Civil Procedure 5.3(b), [________________________________] ("Incoming Attorney") is hereby substituted as counsel of record in place of [________________________________] ("Outgoing Attorney"). This substitution is made with the consent of the Client.

Under Rule 5.3(b), when a new attorney is substituted for an existing attorney of record, the new attorney must file and serve a notice of the change. This notice satisfies that requirement.

II. OUTGOING ATTORNEY INFORMATION

III. INCOMING ATTORNEY INFORMATION

IV. REASON FOR SUBSTITUTION

The substitution of counsel is made for the following reason(s):

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

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

☐ Outgoing Attorney is relocating and will no longer practice in Arizona.

☐ Outgoing Attorney is retiring from the practice of law.

☐ Mutual agreement between Client and Outgoing Attorney to terminate the representation.

☐ Other: [________________________________]

V. CLIENT CONSENT AND ACKNOWLEDGMENT

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

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

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

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

4. I understand that the substitution of counsel 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 VII below.

6. ☐ I am a natural person signing on my own behalf.
   ☐ I am an authorized representative of [________________________________] (entity name) and have authority to bind the entity to this substitution.

Client Signature:

________________________________________

Printed Name: [________________________________]

Title (if entity): [________________________________]

Date: [__/__/____]

VI. STATUS OF CASE AND PENDING MATTERS

Pursuant to the obligations set forth in Arizona ER 1.16(d) and Rule 5.3, the parties certify the following regarding the current status of this case:

A. Pending Deadlines:

B. Upcoming Hearings and Conferences:

C. Discovery Status:

☐ Discovery is not yet open.

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

☐ Discovery has closed.

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

D. Trial Setting:

☐ No trial date has been set.

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

☐ A scheduling conference is set for [__/__/____].

VII. OUTGOING ATTORNEY CERTIFICATIONS

Outgoing Attorney hereby certifies the following pursuant to Arizona ER 1.16(d):

1. The Client has been notified in writing of all pending deadlines, hearing dates, trial dates, and outstanding discovery obligations.

2. All client files, documents, and property in the Outgoing Attorney's possession have been or will be promptly transferred to Incoming Attorney within [____] days of the filing of this Notice.

3. ☐ There are no outstanding fee disputes between the Client and Outgoing Attorney.
   ☐ Fee disputes exist and are being resolved as follows: [________________________________]

4. All trust account funds belonging to the Client have been or will be properly accounted for and disbursed in accordance with Arizona ER 1.15.

5. The Outgoing Attorney has served this Notice on all parties and the Court as required by Rule 5.3 and Rule 5.

VIII. COURT APPROVAL

Under Arizona Rule of Civil Procedure 5.3(b), a substitution of counsel generally requires only the filing and service of a notice when the client consents to the substitution and new counsel simultaneously enters an appearance. Select the applicable status:

☐ Court approval is not required because this is a consensual substitution with simultaneous entry of appearance by Incoming Attorney.

☐ Court approval has been previously obtained. The Order granting withdrawal was entered on [__/__/____]. A copy of the Order is attached hereto as Exhibit [____].

☐ Court approval is requested. A Proposed Order is included below for the Court's consideration.

Note: If the Outgoing Attorney is withdrawing without simultaneous substitution of new counsel, a motion to withdraw under Rule 5.3(c) is required, and the Court must approve the withdrawal before the attorney may be relieved of obligations.

IX. SIGNATURES

OUTGOING ATTORNEY:

________________________________________

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

Date: [__/__/____]

INCOMING ATTORNEY:

________________________________________

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

Date: [__/__/____]

X. PROPOSED ORDER

(Submit only if Court approval is required)

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR THE COUNTY OF [________________________________]

Case No.: [________________________________]

ORDER GRANTING SUBSTITUTION OF COUNSEL

THIS MATTER having come before the Court upon the Notice of Substitution of Counsel filed by [________________________________] ("Client"), and the Court having reviewed the Notice, the consent of the Client, and the certifications of counsel, and good cause appearing therefor:

IT IS HEREBY ORDERED as follows:

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

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

a. Outgoing Attorney shall transfer 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 such time as the file transfer is complete.

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

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

DATED this [____] day of [________________________________], 20[____].

________________________________________

Hon. [________________________________]
Judge of the Superior Court

XI. CERTIFICATE OF SERVICE

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

________________________________________

Signature of Person Effecting Service

Printed Name: [________________________________]

Date: [__/__/____]

XII. PRACTICE NOTES FOR ARIZONA PRACTITIONERS

1. AZTurboCourt E-Filing: All documents filed in Maricopa County Superior Court and most other Arizona counties must be filed electronically through the AZTurboCourt system. Update the attorney profile in AZTurboCourt immediately after filing to ensure Incoming Attorney receives all future electronic notices and filings.

2. Rule 5.3(b) Compliance: Under Arizona Rule of Civil Procedure 5.3(b), when new counsel is substituted, the new attorney must file and serve a notice of change of attorney. The notice must include the new attorney's name, bar number, address, and email address for electronic service.

3. Rule 5.3(c) Withdrawal Distinction: If the Outgoing Attorney is withdrawing without simultaneous substitution (i.e., the client will be unrepresented), the attorney must file a motion to withdraw under Rule 5.3(c), which requires a certification that the client has been notified in writing of: (a) the status of the case, (b) dates and times of any court hearings or trial settings, (c) pending compliance with any existing court order, and (d) the possibility of sanctions.

4. ER 1.16 Obligations: Arizona ER 1.16(d) requires that upon termination of representation, the withdrawing attorney 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, and refunding unearned fees.

5. Local Rules: Check the local rules of the specific county where the case is pending. Some counties (e.g., Maricopa County, Pima County) have additional requirements regarding notice formats, filing procedures, or mandatory forms.

6. Transition Memo: It is best practice to prepare a comprehensive written transition memorandum for the Incoming Attorney that addresses all pending deadlines, discovery obligations, outstanding motions, and the current posture of the case.

7. Trust Account Compliance: Ensure compliance with Arizona ER 1.15 regarding the handling of client trust funds and property during the transition. All client funds must be properly accounted for and disbursed.

Sources and References

• Arizona Rules of Civil Procedure, Rule 5.3 — Attorney of Record; Withdrawal and Substitution of Counsel
• Arizona Rules of Civil Procedure, Rule 5 — Service and Filing of Pleadings and Other Papers
• Arizona Rules of Professional Conduct, ER 1.16 — Declining or Terminating Representation
• Arizona Rules of Professional Conduct, ER 1.15 — Safekeeping Property
• A.R.S. § 12-1801 et seq. — Superior Court Jurisdiction
• AZTurboCourt E-Filing System: https://www.azcourts.gov/AZTurboCourt
• Arizona State Bar Ethics Resources: https://www.azbar.org/for-legal-professionals/ethics/
• Maricopa County Superior Court Local Rules: https://www.superiorcourt.maricopa.gov/
• Pima County Superior Court Local Rules: https://www.sc.pima.gov/