Substitution of Attorney – District of Columbia Superior Court

SUBSTITUTION OF ATTORNEY

District of Columbia Superior Court

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

CIVIL DIVISION

CONSENT MOTION FOR SUBSTITUTION OF COUNSEL AND NOTICE OF APPEARANCE

(Pursuant to D.C. Superior Court Civil Rule 101)

I. INTRODUCTION

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

[________________________________] ("Client"), by and through the undersigned Incoming Attorney, respectfully files this Consent Motion for Substitution of Counsel and Notice of Appearance pursuant to D.C. Superior Court Civil Rule 101, and states the following:

CRITICAL RULE 101 REQUIREMENT: Under D.C. Superior Court Civil Rule 101(c), an attorney may withdraw an appearance only by order of the Court on motion by the attorney. When the client consents and new counsel simultaneously enters an appearance, the motion may be filed as a consent motion signed by both the withdrawing attorney and the client (or, when the client is represented by incoming counsel, by the incoming attorney on behalf of the client).

II. PARTY IDENTIFICATION

The Client appears in this matter as:

☐ Plaintiff

☐ Defendant

☐ Counterclaim Plaintiff

☐ Counterclaim Defendant

☐ Cross-Claim Plaintiff

☐ Cross-Claim Defendant

☐ Third-Party Plaintiff

☐ Third-Party Defendant

☐ Intervenor

☐ Other: [________________________________]

III. OUTGOING ATTORNEY INFORMATION

IV. INCOMING ATTORNEY INFORMATION

D.C. Bar Membership Requirement: Under Civil Rule 101(a), only an active member of the District of Columbia Bar may appear in Superior Court in a representative capacity, except as provided by D.C. Court of Appeals Rules 48 and 49 (which permit special appearances by non-D.C. Bar members in certain circumstances).

V. GROUNDS FOR SUBSTITUTION

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

2. [________________________________] ("Outgoing Attorney"), D.C. Bar No. [________________________________], 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 the District of Columbia.

☐ Outgoing Attorney is retiring from the practice of law.

☐ Outgoing Attorney is transitioning to inactive or voluntary status with the D.C. Bar.

☐ Other: [________________________________]

4. [________________________________] ("Incoming Attorney"), D.C. Bar No. [________________________________], 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 granting this Motion.

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

VI. RULE 101(c) COMPLIANCE — WITHDRAWAL REQUIREMENTS

Under D.C. Superior Court Civil Rule 101(c), the following requirements must be satisfied for withdrawal of counsel:

A. Scenario 1 — Consent Withdrawal with Substitution (Rule 101(c)(1)):

☐ This is a consent withdrawal. The Client consents to the withdrawal of the Outgoing Attorney and simultaneously authorizes the Incoming Attorney to enter an appearance. Both the Outgoing Attorney and the Client have signed this Motion.

B. Scenario 2 — Withdrawal Where Another Attorney Remains (Rule 101(c)(1)):

☐ The withdrawal of the Outgoing Attorney will leave another attorney of record representing the Client. The following attorney(s) will remain:

C. Scenario 3 — Withdrawal Granted in Open Court (Rule 101(c)(2)(A)):

☐ Leave to withdraw was granted in open court in the presence of the Client on [__/__/____]. A copy of the relevant transcript or minute order is attached as Exhibit [____].

D. Notice Requirements (Rule 101(c)(2)(B)):

If the motion to withdraw is not made in open court in the Client's presence, the Outgoing Attorney must certify:

☐ The Outgoing Attorney has served the Client with a copy of this Motion.

☐ The Outgoing Attorney has served the Client with a notice advising that if the Client objects to the withdrawal, the Client must file an objection within fourteen (14) days after the Motion is served.

☐ The notice to the Client includes the following statement (or substantially similar language):

"If you object to your attorney's withdrawal from your case, you must file a written objection with the Court within 14 days after this motion was served on you. If you do not file an objection, the Court may grant the motion and your attorney will no longer represent you. You must then obtain other counsel or proceed without an attorney."

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 do not object to the Outgoing Attorney's withdrawal.

4. 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.

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

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

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. OUTGOING ATTORNEY CERTIFICATIONS

Outgoing Attorney certifies the following pursuant to D.C. Rule of Professional Conduct 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 entry of the Court's Order.

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 D.C. Rule of Professional Conduct 1.15.

5. ☐ The Outgoing Attorney has served the Client with a copy of this Motion and the notice required by Rule 101(c)(2)(B), if applicable.

IX. STATUS OF CASE AND PENDING MATTERS

A. Case Posture:

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

☐ Discovery phase

☐ Post-discovery / summary judgment 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 status hearing is set for [__/__/____].

☐ Case is on the trial calendar.

X. NOTICE OF APPEARANCE OF INCOMING ATTORNEY

Pursuant to D.C. Superior Court Civil Rule 101(b), [________________________________] ("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 the following:

1. Incoming Attorney is an active member in good standing of the District of Columbia Bar, D.C. Bar No. [________________________________].

☐ Alternatively, Incoming Attorney has been granted a special appearance pursuant to D.C. Court of Appeals Rule 49, Order No. [________________________________], dated [__/__/____].

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:

[________________________________] (Name)
[________________________________] (Firm)
[________________________________] (Address)
[________________________________] (City, State, ZIP)
Telephone: [________________________________]
Email: [________________________________]

XI. SIGNATURES

OUTGOING ATTORNEY:

________________________________________

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

Date: [__/__/____]

INCOMING ATTORNEY:

________________________________________

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

Date: [__/__/____]

XII. PROPOSED ORDER

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
CIVIL DIVISION

Case No.: [________________________________]

ORDER GRANTING SUBSTITUTION OF COUNSEL

Upon consideration of the Consent Motion for Substitution of Counsel and Notice of Appearance filed by [________________________________] ("Client"), the consent of the Client, and the representations and certifications of counsel, it is hereby:

ORDERED that the Motion is GRANTED; and it is further

ORDERED that [________________________________] ("Incoming Attorney"), D.C. Bar No. [________________________________], of [________________________________], is substituted as counsel of record for [________________________________] in this matter; and it is further

ORDERED that [________________________________] ("Outgoing Attorney"), D.C. Bar No. [________________________________], is permitted to withdraw 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; and it is further

ORDERED that all future filings, notices, and communications shall be directed to Incoming Attorney at the address set forth in the Motion; and it is further

ORDERED that the Clerk shall update the case records to reflect this substitution; and it is further

ORDERED that, unless this Order was entered in open court in the presence of the Client, the Clerk shall send to the Client by first-class mail, postage prepaid, a copy of this Order, as required by Rule 101(c)(3).

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

________________________________________

Hon. [________________________________]
Associate Judge, Superior Court of the District of Columbia

XIII. CERTIFICATE OF SERVICE

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

Service on Client (Rule 101(c)(2)(B)):

________________________________________

Signature of Person Effecting Service

Printed Name: [________________________________]

Date: [__/__/____]

XIV. PRACTICE NOTES FOR DISTRICT OF COLUMBIA PRACTITIONERS

1. Court Order Always Required: Under D.C. Superior Court Civil Rule 101(c), an attorney may withdraw an appearance only by order of the Court. There is no provision for withdrawal by notice alone, even with client consent. A motion must always be filed, and an order must always be obtained.

2. 14-Day Objection Period: When a motion to withdraw is not made in open court in the client's presence, Rule 101(c)(2)(B) requires that the attorney serve the client with notice that the client may file an objection within 14 days. When a consent substitution is filed (with the client's signature), this objection period is generally not at issue, but it is best practice to include the notice language in the filing.

3. Clerk's Mailing Obligation: Under Rule 101(c)(3), unless leave to withdraw has been granted in open court in the presence of the client, the Court or Clerk must send to the client by first-class mail a copy of any order granting leave to withdraw. The proposed order should include a provision directing this mailing.

4. D.C. Bar Membership: Only active members of the D.C. Bar may appear in Superior Court. If the Incoming Attorney is not a D.C. Bar member, they must obtain admission pro hac vice through the D.C. Court of Appeals under Rule 49 before the substitution can be effective. Note that D.C. is unique in that its bar is governed by the D.C. Court of Appeals, not a separate bar association.

5. Electronic Filing: D.C. Superior Court uses CaseFileXpress or efileDC for electronic filing and service. Update the electronic service list within the e-filing system immediately after the Order is entered. Ensure the Incoming Attorney's email address is correctly configured for electronic service.

6. Domestic Relations Division: If the case is in the Domestic Relations Division, DR Rule 101 (rather than Civil Rule 101) applies. DR Rule 101 has similar but not identical provisions, including specific requirements related to appointment and termination of counsel. Confirm which division's rule applies.

7. D.C. 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. D.C. Rule of Professional Conduct 1.15: All client funds held in trust must be properly accounted for and disbursed. The D.C. Bar's Office of Disciplinary Counsel actively investigates trust account violations.

9. No Separate Notice of Appearance Typically Required: When the substitution motion and notice of appearance are filed together (as in this template), a separate standalone Notice of Appearance is generally not required. However, confirm with the assigned judge's chambers whether any additional filings are expected.

10. Scheduling Orders and Deadlines: The substitution of counsel does not modify or extend any existing deadlines. If the Incoming Attorney needs additional time to prepare, a separate motion for extension or continuance must be filed.

Sources and References

• D.C. Superior Court Civil Rule 101 — Appearance and Withdrawal of Attorneys
• D.C. Superior Court Civil Rule 5(b) — Service of Pleadings and Other Papers
• D.C. Superior Court Domestic Relations Rule 101 — Attorneys: Appearance; Withdrawal; Appointment; Termination
• D.C. Court of Appeals Rule 48 — Admission to the D.C. Bar
• D.C. Court of Appeals Rule 49 — Special Appearances by Non-D.C. Bar Members
• D.C. Rules of Professional Conduct Rule 1.16 — Declining or Terminating Representation
• D.C. Rules of Professional Conduct Rule 1.15 — Safekeeping Property
• D.C. Superior Court Official Website: https://www.dccourts.gov/
• D.C. Superior Court Civil Rules: https://www.dccourts.gov/superior-court/civil-rules
• D.C. Bar: https://www.dcbar.org/
• CaseFileXpress / efileDC: https://www.dccourts.gov/services/electronic-filing