Substitution of Attorney – California State Court

SUBSTITUTION OF ATTORNEY – CALIFORNIA STATE COURT

Pursuant to California Code of Civil Procedure Section 284

IMPORTANT: Many California Superior Courts require the use of Judicial Council Form MC-050 for substitutions by consent. This template provides a comprehensive narrative substitute and supplemental materials. Practitioners should verify whether the local court accepts this format or requires the MC-050 form exclusively.

COURT INFORMATION

Court Name: Superior Court of California, County of [________________________________]

Court Address: [________________________________]

City, State, ZIP: [________________________________]

Branch/Courthouse: [________________________________]

CASE INFORMATION

I. TYPE OF SUBSTITUTION

Under Cal. Code Civ. Proc. § 284, an attorney may be changed in one of two ways. Select the applicable method:

☐ Method 1 — Consent (CCP § 284(1)): The substitution is made upon the written consent of both the client and the attorney, filed with the clerk or entered upon the minutes of the court. No court order is required.

☐ Method 2 — Court Order (CCP § 284(2)): The substitution is made upon order of the court, upon the application of either the client or the attorney, after notice from one to the other. This method is used when consent of all parties to the substitution cannot be obtained.

II. NOTICE OF SUBSTITUTION OF ATTORNEY (CONSENT METHOD)

TO THE CLERK OF THE ABOVE-ENTITLED COURT AND TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE that, effective upon the execution of this substitution and filing with the Clerk of Court, [________________________________] (Party Name) hereby substitutes new counsel of record in place of former counsel, pursuant to California Code of Civil Procedure section 284, subdivision (1).

A. Party Making Substitution

Name: [________________________________]

Role in Case: ☐ Plaintiff ☐ Defendant ☐ Cross-Complainant ☐ Cross-Defendant ☐ Intervenor ☐ Petitioner ☐ Respondent ☐ Other: [________________________________]

B. Former Attorney (Withdrawing Counsel)

C. New Attorney (Substituting Counsel)

D. Self-Representation Option

☐ The party will be represented by the new attorney identified above.

☐ The party elects to represent himself/herself/themselves in propria persona (pro se). Future notices and pleadings shall be sent to:

Name: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

III. CONSENT SIGNATURES (METHOD 1 — CCP § 284(1))

All three signatures are required for a valid consent substitution under CCP § 284(1). If any signature cannot be obtained, the substitution must proceed by court order under CCP § 284(2).

A. Party / Client Consent

I, [________________________________], consent to the substitution of [________________________________] (New Attorney) as my attorney of record in this action, in place of [________________________________] (Former Attorney).

I understand that all future notices, pleadings, discovery, and communications in this case will be directed to my new attorney (or to me, if I have elected to proceed in propria persona).

_______________________________________________
(Signature of Client or Authorized Representative)

Printed Name: [________________________________]

Title (if entity): [________________________________]

Date: [__/__/____]

B. Former Attorney Consent

I, [________________________________], consent to this substitution and to being relieved as counsel of record for [________________________________] (Party Name) in this action.

_______________________________________________
(Signature of Former Attorney)

State Bar No.: [________________________________]

Date: [__/__/____]

C. New Attorney Consent (or Self-Represented Party Acknowledgment)

☐ New Attorney: I, [________________________________], consent to this substitution and agree to serve as counsel of record for [________________________________] (Party Name) in this action.

_______________________________________________
(Signature of New Attorney)

State Bar No.: [________________________________]

Date: [__/__/____]

☐ Self-Represented Party: I, [________________________________], acknowledge that I will be representing myself in this action and that all future communications will be sent to the address provided above.

_______________________________________________
(Signature of Self-Represented Party)

Date: [__/__/____]

IV. APPLICATION FOR COURT ORDER (METHOD 2 — CCP § 284(2))

Complete this section only if consent of all parties cannot be obtained and a court order is required.

A. Application

[________________________________] (☐ Party / ☐ Attorney) hereby applies to this Court for an order substituting counsel pursuant to Cal. Code Civ. Proc. § 284(2), on the following grounds:

1. The consent of [________________________________] (Former Attorney / Client) cannot be obtained because: [________________________________]

2. Notice of this application was served on [________________________________] on [__/__/____] by the following method: ☐ Personal Service ☐ Mail ☐ Electronic Service ☐ Other: [________________________________]

3. The substitution is necessary because: [________________________________]

4. No undue prejudice or delay will result from the substitution.

B. Declaration of Due Diligence

I, [________________________________], declare under penalty of perjury under the laws of the State of California as follows:

1. I have made diligent efforts to obtain the consent of [________________________________] for this substitution, including: [________________________________]

2. On [__/__/____], I [________________________________] (describe contact attempts — letters, phone calls, emails, etc.).

3. On [__/__/____], I [________________________________] (describe additional efforts).

4. Despite these efforts, consent has not been obtained because: [________________________________]

5. The following pending deadlines and settings exist in this case:

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on [__/__/____] at [________________________________], California.

_______________________________________________
[________________________________]
(Declarant)

V. MOTION TO BE RELIEVED AS COUNSEL (CRC RULE 3.1362)

NOTE: When an attorney seeks to withdraw without a substitution (i.e., the client will proceed pro se or has not retained new counsel), California Rules of Court, Rule 3.1362 requires the use of Judicial Council Forms MC-051, MC-052, and MC-053. This section provides a supplemental framework. The mandatory forms must still be filed.

☐ This section is applicable — Attorney seeks to withdraw without substitution.

☐ This section is not applicable — A new attorney is being substituted.

If applicable, the following Judicial Council forms must be filed:

☐ MC-051 — Notice of Motion and Motion to Be Relieved as Counsel — Civil
☐ MC-052 — Declaration in Support of Attorney's Motion to Be Relieved as Counsel — Civil
☐ MC-053 — Proposed Order Granting Attorney's Motion to Be Relieved as Counsel — Civil

VI. PROPOSED ORDER (FOR COURT-ORDERED SUBSTITUTION)

Submit on a separate page. Include only if proceeding under CCP § 284(2).

SUPERIOR COURT OF CALIFORNIA
COUNTY OF [________________________________]

Case No.: [________________________________]

[________________________________], Plaintiff(s)

v.

[________________________________], Defendant(s)

ORDER GRANTING SUBSTITUTION OF ATTORNEY

The Application for Substitution of Attorney filed by [________________________________] having come before this Court, and the Court having reviewed the application, declaration(s), and proof of service, and good cause appearing therefor:

IT IS HEREBY ORDERED that:

1. [________________________________] (New Attorney), State Bar No. [________________________________], of [________________________________] (Firm), is substituted as counsel of record for [________________________________] (Party Name).

2. [________________________________] (Former Attorney), State Bar No. [________________________________], is relieved as counsel of record for said party.

3. All future notices, pleadings, and correspondence shall be directed to the new attorney of record at the address provided in the Substitution of Attorney.

4. This order is effective immediately upon filing.

DATED: [__/__/____]

_______________________________________________
Hon. [________________________________]
Judge of the Superior Court

VII. PROOF OF SERVICE

Declaration of Service

I, [________________________________], declare:

I am over the age of 18 years and not a party to this action. My business address is [________________________________], [________________________________], California [________________________________].

On [__/__/____], I served the foregoing SUBSTITUTION OF ATTORNEY on the following parties by the method(s) indicated:

Service by Mail: If served by mail, I enclosed the document(s) in a sealed envelope or package addressed to the person(s) listed above, and deposited the sealed envelope with the United States Postal Service, with postage fully prepaid, at [________________________________], California, on the date indicated above.

Electronic Service: If served electronically, I transmitted the document(s) to the email address(es) listed above from [________________________________] (email address) on the date indicated above, in compliance with Cal. Rules of Court, Rule 2.251.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on [__/__/____] at [________________________________], California.

_______________________________________________
[________________________________]
(Declarant — Print Name)

VIII. MC-050 FORM GUIDANCE

When the MC-050 Form Is Required

The Judicial Council Form MC-050 ("Substitution of Attorney — Civil (Without Court Order)") is the standard form for consent-based substitutions under CCP § 284(1). Key points:

1. Mandatory vs. Optional Use: The MC-050 is a mandatory Judicial Council form in most Superior Courts. Some courts will reject a narrative substitution if the MC-050 is not attached or used as the primary filing.

2. Form Contents: The MC-050 requires:
   - Case name and number
   - Names and State Bar numbers of former and new attorneys
   - Party name and role
   - Signatures of the party, former attorney, and new attorney
   - Self-representation election (if applicable)

3. Filing the MC-050:
   - File electronically through the court's e-filing portal (if available)
   - Serve all parties per Cal. Code Civ. Proc. § 285 and CRC Rule 2.251
   - Use the correct filing code (e.g., "Substitution of Attorney")
   - Pay any applicable filing fee (typically none for substitution)

4. Common Rejection Reasons:
   - Missing signature(s)
   - Incorrect or expired State Bar number
   - Failure to serve all parties
   - Wrong filing code selected in e-filing

IX. PRACTICE NOTES

A. Consent vs. Court Order — Decision Guide

B. Timing Considerations

• Substitutions filed close to trial may be denied if prejudice or delay would result.
• Under CRC Rule 3.1362(e), a motion to withdraw must be made sufficiently in advance to allow the client to retain new counsel.
• The effective date of a consent substitution is the date of filing, not the date of signing.

C. Notice Requirements Under CCP § 285

When an attorney is changed, the party must give notice of the change to the adverse party. Until such notice is given, the adverse party is entitled to direct communications to the former attorney.

D. Ethical Obligations

Under the California Rules of Professional Conduct:

• Rule 1.16 — An attorney must promptly release client papers and property upon termination.
• Rule 1.9 — Duties to former clients regarding confidentiality continue after substitution.
• Rule 1.4 — The client must be kept reasonably informed regarding the status of the matter during any transition.

SOURCES AND REFERENCES

• Cal. Code Civ. Proc. § 284 — Change of Attorney
• Cal. Code Civ. Proc. § 285 — Notice of Change to Adverse Party
• Cal. Rules of Court, Rule 3.1362 — Motion to Be Relieved as Counsel
• Cal. Rules of Court, Rule 2.251 — Electronic Service
• Judicial Council Form MC-050 — Substitution of Attorney — Civil (Without Court Order)
• Judicial Council Forms MC-051, MC-052, MC-053 — Motion to Be Relieved as Counsel
• California Rules of Professional Conduct, Rules 1.4, 1.9, 1.16
• California Courts Self-Help Guide: https://selfhelp.courts.ca.gov