Substitution of Attorney – Delaware State Court

SUBSTITUTION OF ATTORNEY

Delaware State Court

SELECT COURT (check one):

☐ IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

☐ IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE

☐ IN THE COURT OF COMMON PLEAS OF THE STATE OF DELAWARE

☐ IN THE FAMILY COURT OF THE STATE OF DELAWARE

IN AND FOR [________________________________] COUNTY

STIPULATION AND MOTION FOR SUBSTITUTION OF COUNSEL

(Pursuant to Delaware Superior Court Rule of Civil Procedure 90)

I. INTRODUCTION

TO THE HONORABLE COURT AND ALL PARTIES OF RECORD:

[________________________________] ("Client"), by and through counsel, respectfully submits this Stipulation and Motion for Substitution of Counsel, and in support thereof states the following:

IMPORTANT NOTE — Delaware Court Approval Requirement: Under Delaware Superior Court Civil Rule 90(b), no appearance shall be withdrawn except on order of the Court, unless the withdrawal will leave a member of the Delaware Bar appearing as attorney of record for the party. This Motion is submitted for the Court's consideration pursuant to Rule 90(b).

II. PARTY IDENTIFICATION

The Client appears in this matter as:

☐ Plaintiff

☐ Defendant

☐ Counterclaim Plaintiff

☐ Counterclaim Defendant

☐ Third-Party Plaintiff

☐ Third-Party Defendant

☐ Intervenor

☐ Petitioner

☐ Respondent

☐ Other: [________________________________]

III. OUTGOING ATTORNEY INFORMATION

IV. INCOMING ATTORNEY INFORMATION

Delaware Bar Membership Requirement: Pursuant to Rule 90(a), only attorneys admitted to the Bar of the Supreme Court of Delaware (or admitted pro hac vice by order of the Court) may enter an appearance. The Incoming Attorney must be a member of the Delaware Bar in good standing or must have obtained pro hac vice admission.

V. APPLICABILITY OF RULE 90(b) EXCEPTION

Under Rule 90(b), an attorney may withdraw without a court order in two circumstances. Select the applicable scenario:

☐ Exception Applies — No Court Order Required: The withdrawal of the Outgoing Attorney will leave a member of the Delaware Bar appearing as attorney of record for the Client. The following Delaware Bar member(s) will remain as counsel of record:

☐ Exception Does Not Apply — Court Order Required: The withdrawal of the Outgoing Attorney will not leave a member of the Delaware Bar appearing as counsel of record. The Court's approval is requested pursuant to Rule 90(b).

VI. REASON FOR SUBSTITUTION

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 Delaware.

☐ Outgoing Attorney is retiring from the practice of law.

☐ Outgoing Attorney is transitioning to inactive status with the Delaware Bar.

☐ Other: [________________________________]

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, scheduling 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 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 compliance with the Delaware Lawyers' Rules of Professional Conduct Rule 1.16(d) as follows:

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 Motion (or entry of the Court's Order, if applicable).

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 Delaware DLRPC Rule 1.15.

5. ☐ The Outgoing Attorney has complied with all obligations under the Delaware Lawyers' Rules of Professional Conduct regarding termination of representation.

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

☐ Chancery expedited proceedings

☐ 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 reports are due on: [__/__/____]

E. Trial Setting:

☐ No trial date has been set.

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

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

☐ Case is on the trial-ready calendar.

F. Scheduling Order Status:

☐ No scheduling order has been entered.

☐ A scheduling order was entered on [__/__/____]. Key dates include: [________________________________]

X. SIGNATURES

OUTGOING ATTORNEY:

________________________________________

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

Date: [__/__/____]

INCOMING ATTORNEY:

________________________________________

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

Date: [__/__/____]

XI. PROPOSED ORDER

(Submit when Court approval is required under Rule 90(b))

[COURT NAME]
IN AND FOR [________________________________] COUNTY

C.A. No.: [________________________________]

ORDER GRANTING SUBSTITUTION OF COUNSEL

THIS MATTER having come before the Court upon the Stipulation and 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:

IT IS HEREBY ORDERED this [____] day of [________________________________], 20[____], as follows:

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

2. [________________________________] ("Outgoing Attorney"), Delaware Bar ID No. [________________________________], is hereby permitted to withdraw 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 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 Prothonotary / Register in Chancery shall update the case records to reflect this substitution.

________________________________________

Hon. [________________________________]
☐ Judge, Superior Court of the State of Delaware
☐ Vice Chancellor, Court of Chancery of the State of Delaware
☐ Judge, Court of Common Pleas of the State of Delaware

XII. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I caused a true and correct copy of the foregoing Stipulation and Motion for Substitution of Counsel and Proposed Order to be served upon all parties and counsel of record in the above-captioned matter by the method(s) indicated below:

________________________________________

Signature of Person Effecting Service

Printed Name: [________________________________]

Date: [__/__/____]

XIII. PRACTICE NOTES FOR DELAWARE PRACTITIONERS

1. Court Approval Generally Required: Under Delaware Superior Court Civil Rule 90(b), no appearance may be withdrawn except on order of the Court. The sole exception is when the withdrawal will leave a member of the Delaware Bar appearing as attorney of record for the party. If the Incoming Attorney is the only attorney who will be on the case, a Court order is required.

2. Court of Chancery Distinction: The Court of Chancery has its own Rule 90 with substantially similar provisions. However, Chancery proceedings often involve expedited timelines (particularly in corporate litigation and injunction matters), and the Court may impose additional conditions on substitution to prevent delay. Consult Chancery-specific procedures and the Register in Chancery for filing requirements.

3. Pro Hac Vice Considerations: If the Incoming Attorney is not a member of the Delaware Bar, a separate motion for pro hac vice admission must be filed and granted before the substitution can be effective. Under Delaware Supreme Court Rule 71, pro hac vice attorneys must associate with a Delaware attorney who will serve as local counsel.

4. Electronic Filing: Delaware Superior Court uses File & ServeXpress or LexisNexis eFlex for electronic filing and service. Update the electronic service list immediately upon entry of the substitution order. The Court of Chancery also uses electronic filing; confirm the current platform with the Register in Chancery.

5. DLRPC Rule 1.16 Obligations: Delaware Lawyers' Rules of Professional Conduct Rule 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, and refunding any advance payment of fees not yet earned.

6. DLRPC Rule 1.15 — Trust Accounts: Ensure that all client funds held in trust are properly accounted for and transferred or disbursed in accordance with DLRPC Rule 1.15. The Delaware Office of Disciplinary Counsel actively investigates trust account violations.

7. Scheduling Order Compliance: Delaware courts frequently enter detailed scheduling orders. The substitution of counsel does not modify or extend any deadlines set forth in existing scheduling orders. The Incoming Attorney should immediately review any scheduling order and, if necessary, file a separate motion to modify deadlines.

8. Three Delaware Counties: Delaware has only three counties (New Castle, Kent, and Sussex). Confirm the correct county for filing and verify any county-specific local practices or administrative orders that may affect the substitution process.

Sources and References

• Delaware Superior Court Rules of Civil Procedure, Rule 90 — Attorneys — Admission, Withdrawal
• Delaware Court of Chancery Rules, Rule 90 — Attorneys
• Delaware Supreme Court Rule 26 — Counsel's Continuing Obligation
• Delaware Supreme Court Rule 71 — Admission Pro Hac Vice
• Delaware Lawyers' Rules of Professional Conduct, Rule 1.16 — Declining or Terminating Representation
• Delaware Lawyers' Rules of Professional Conduct, Rule 1.15 — Safekeeping Property
• 10 Del. C. § 541 et seq. — Superior Court Jurisdiction
• 10 Del. C. § 341 et seq. — Court of Chancery Jurisdiction
• Hoffman v. Cohen, 538 A.2d 1096 (Del. 1988) (withdrawal of counsel standards)
• Delaware Courts Official Website: https://courts.delaware.gov/
• Delaware Courts Rules: https://courts.delaware.gov/rules/
• Delaware Office of Disciplinary Counsel: https://courts.delaware.gov/odc/