Substitution of Attorney – Hawai'i Circuit Court

SUBSTITUTION OF ATTORNEY

Hawai'i Circuit Court

COURT INFORMATION

IN THE CIRCUIT COURT OF THE [____] CIRCUIT
(☐ First Circuit – O'ahu | ☐ Second Circuit – Maui, Moloka'i, Lāna'i | ☐ Third Circuit – Hawai'i Island | ☐ Fifth Circuit – Kaua'i, Ni'ihau)

STATE OF HAWAI'I

CASE CAPTION

[________________________________],
Plaintiff(s),

vs.

[________________________________],
Defendant(s).

Civil No.: [________________________________]
Assigned Judge: The Honorable [________________________________]
Trial Date (if set): [__/__/____]
Next Hearing/Conference Date: [__/__/____]

NOTICE OF SUBSTITUTION OF COUNSEL

TO THE COURT AND ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE that, pursuant to Hawai'i Rules of Civil Procedure Rule 11 and Rules of the Circuit Courts of the State of Hawai'i Rule 12, [________________________________] ("Client") hereby substitutes attorneys in the above-captioned matter, as set forth below.

Effective immediately upon the filing of this Notice, [________________________________] ("Incoming Counsel") is substituted as attorney of record for [________________________________] ("Client") in place of [________________________________] ("Outgoing Counsel").

All future pleadings, papers, notices, and communications in this matter shall be directed to and served upon Incoming Counsel at the address set forth below.

I. OUTGOING COUNSEL INFORMATION

II. INCOMING COUNSEL INFORMATION

JEFS Registration: Incoming Counsel confirms that they are a registered user of the Judiciary Electronic Filing System (JEFS) and will receive all electronically-filed documents in this case through JEFS notifications, in accordance with the Hawai'i Electronic Filing and Service Rules (HEFSR) Rule 6.

III. CLIENT CONSENT TO SUBSTITUTION

I, [________________________________] ("Client"), hereby state and acknowledge the following:

1. I have been informed of and consent to the withdrawal of [________________________________] ("Outgoing Counsel") as my attorney of record in the above-captioned matter.

2. I have been informed of and consent to the substitution of [________________________________] ("Incoming Counsel") as my attorney of record in the above-captioned matter.

3. I understand that all future filings, notices, and communications in this case will be directed to Incoming Counsel.

4. This substitution is made voluntarily, and I have not been coerced or pressured to consent.

5. I understand the current status of the case, including all pending deadlines and upcoming hearing dates.

6. I authorize Outgoing Counsel to transfer my complete case file and all work product to Incoming Counsel.

7. I acknowledge that I have had the opportunity to consult with independent counsel regarding this substitution, if I desired.

☐ Client consents to substitution (signature required below)
☐ Client is an entity – authorized representative consents (signature required below)

Client / Authorized Representative Signature:

________________________________________
[________________________________]
Print Name: [________________________________]
Title (if entity): [________________________________]
Date: [__/__/____]

IV. REASON FOR SUBSTITUTION

☐ Mutual agreement of client and outgoing counsel
☐ Client's request for change of counsel
☐ Outgoing counsel's departure from firm; client remains with firm
☐ Outgoing counsel's departure from firm; client follows departing attorney
☐ Merger or dissolution of outgoing counsel's firm
☐ Outgoing counsel's retirement or cessation of practice
☐ Other: [________________________________]

V. OUTGOING COUNSEL'S REPRESENTATIONS

Outgoing Counsel hereby represents and certifies the following:

1. Client File Transfer. Consistent with Hawai'i Rules of Professional Conduct Rule 1.16(d), Outgoing Counsel has taken, or will promptly take, steps to protect the client's interests, including delivering to Incoming Counsel all papers and property to which the client is entitled, and refunding any advance payment of fees or expenses that have not been earned or incurred.

2. Trust Account Compliance. All client funds held in trust have been or will be accounted for and transferred in accordance with HRPC Rule 1.15.

3. Pending Deadlines. Outgoing Counsel has provided Incoming Counsel with a complete list of all pending deadlines, scheduled hearings, conferences, and trial dates, including but not limited to:

4. No Prejudice. This substitution will not prejudice the opposing party or delay any pending proceedings.

5. JEFS Notification. Outgoing Counsel will update JEFS contact information immediately upon filing to ensure that electronic notifications are properly directed to Incoming Counsel.

VI. INCOMING COUNSEL'S REPRESENTATIONS

Incoming Counsel hereby represents and certifies the following:

1. I am an attorney duly licensed and in good standing with the Hawai'i State Bar, Bar No. [________________________________].

2. I have reviewed the case file and am familiar with the current status of this case, including all pending deadlines, motions, and scheduled court dates.

3. I am prepared to assume representation of [________________________________] ("Client") without delay or continuance of any pending proceedings.

4. I have registered with the JEFS system and will ensure that my correct email address is on file for electronic service in this case.

5. I consent to the substitution as set forth in this Notice.

VII. STATUS OF PENDING MATTERS

The parties and the Court are advised of the following pending matters:

☐ No motions are currently pending.
☐ The following motions are pending:

• [________________________________], filed [__/__/____], hearing set for [__/__/____]
• [________________________________], filed [__/__/____], hearing set for [__/__/____]

☐ Discovery is complete.
☐ Discovery is ongoing. Discovery cutoff date: [__/__/____]

☐ No trial date has been set.
☐ Trial is set for [__/__/____].

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

VIII. SIGNATURES

Outgoing Counsel

________________________________________
[________________________________]
Hawai'i Bar No. [________________________________]
[________________________________] (Firm Name)
[________________________________] (Address)
[________________________________], HI [____]
Telephone: [________________________________]
Email: [________________________________]
Date: [__/__/____]

Incoming Counsel

________________________________________
[________________________________]
Hawai'i Bar No. [________________________________]
[________________________________] (Firm Name)
[________________________________] (Address)
[________________________________], HI [____]
Telephone: [________________________________]
Email: [________________________________]
Date: [__/__/____]

IX. PROPOSED ORDER APPROVING SUBSTITUTION OF COUNSEL

IN THE CIRCUIT COURT OF THE [____] CIRCUIT
STATE OF HAWAI'I

[________________________________], Plaintiff(s),
vs.
[________________________________], Defendant(s).

Civil No.: [________________________________]

ORDER APPROVING SUBSTITUTION OF COUNSEL

Upon review of the Notice of Substitution of Counsel filed by [________________________________] ("Client"), and the Court having found good cause therefor, and consistent with HRCP Rule 11 and RCCH Rule 12,

IT IS HEREBY ORDERED that:

1. [________________________________] ("Outgoing Counsel"), Hawai'i Bar No. [________________________________], is withdrawn as counsel of record for [________________________________] ("Client") in the above-captioned matter.

2. [________________________________] ("Incoming Counsel"), Hawai'i Bar No. [________________________________], of [________________________________] (Firm Name), is substituted as counsel of record for [________________________________] ("Client") in the above-captioned matter.

3. All future filings, notices, and communications shall be directed to and served upon Incoming Counsel at the address provided in the Notice of Substitution.

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

5. This substitution shall not affect any pending deadlines or scheduled hearing dates.

DATED: Honolulu, Hawai'i, [__/__/____].

________________________________________
The Honorable [________________________________]
Judge of the Circuit Court of the [____] Circuit
State of Hawai'i

X. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing NOTICE OF SUBSTITUTION OF COUNSEL and [PROPOSED] ORDER APPROVING SUBSTITUTION OF COUNSEL was served upon the following parties via the method(s) indicated:

☐ Judiciary Electronic Filing System (JEFS)
☐ Electronic Mail
☐ United States Mail, postage prepaid
☐ Hand Delivery
☐ Facsimile

________________________________________
[________________________________]
Date: [__/__/____]

PRACTICE NOTES AND FILING GUIDANCE

1. JEFS Filing. All documents in Hawai'i Circuit Court civil cases must be filed electronically through JEFS unless the filer qualifies for an exemption. Ensure that the correct case number and document type are selected when filing this substitution. See HEFSR Rule 3.

2. JEFS Contact Update. Immediately after filing, update JEFS contact information so that all electronic notifications are directed to Incoming Counsel. Failure to update may result in missed filings and deadlines.

3. File Transfer Obligations. Under HRPC Rule 1.16(d), Outgoing Counsel must surrender papers and property to which the client is entitled and refund any advance payment of unearned fees. This should be completed promptly, and ideally before or simultaneously with the filing of this substitution.

4. Retainer and Fee Issues. If there is a dispute regarding fees or the return of client funds, the substitution should still proceed. Fee disputes are resolved separately and should not delay the client's right to choose counsel.

5. Upcoming Deadlines. Incoming Counsel should independently verify all pending deadlines by reviewing the JEFS docket and any scheduling orders. Do not rely solely on Outgoing Counsel's representations regarding deadlines.

6. Court Approval. While many Hawai'i Circuit Courts will accept a substitution upon the filing of a consent-based notice, some judges may require an order. Include the proposed order as a matter of best practice.

7. Service Requirements. This Notice must be served on all parties of record pursuant to HRCP Rule 5(b). Service through JEFS satisfies this requirement for JEFS-registered parties.

SOURCES AND REFERENCES

• Hawai'i Rules of Civil Procedure (HRCP), Rule 11 – Signing of Pleadings, Motions, and Other Papers: https://www.courts.state.hi.us/wp-content/uploads/2024/09/hrcp_ada.pdf
• Rules of the Circuit Courts of the State of Hawai'i (RCCH): https://www.courts.state.hi.us/wp-content/uploads/2025/01/rcch.htm
• Hawai'i Rules of Professional Conduct (HRPC), Rule 1.16 – Declining or Terminating Representation: https://www.courts.state.hi.us/docs/court_rules/rules/hrpc.pdf
• Hawai'i Electronic Filing and Service Rules (HEFSR): https://www.courts.state.hi.us
• Hawai'i State Bar Association – JEFS Resources: https://hsba.org