Substitution of Attorney

SUBSTITUTION OF ATTORNEY — KANSAS STATE COURT

FILING CHECKLIST

☐ New attorney entering appearance as counsel of record
☐ Withdrawing attorney withdrawing from representation
☐ Simultaneous substitution being filed (required for withdrawal without court order under Rule 117)
☐ Client consent obtained and documented
☐ All parties and counsel notified via Kansas e-filing system
☐ Kansas e-filing system updated — new attorney appearance filed
☐ Kansas Bar Association (KBA) numbers confirmed for both attorneys
☐ Proposed Order included if court approval is sought
☐ Certificate of Service completed
☐ Client file transfer and trust matters addressed per KRPC 1.16

KANSAS PROCEDURAL OVERVIEW

Governing Rule: Kansas Supreme Court Rule 117 governs withdrawal of attorneys in Kansas district court proceedings.

Simultaneous Substitution — No Court Order Required:
Under Kansas Supreme Court Rule 117, an attorney may withdraw without a court order upon simultaneous substitution of counsel admitted to practice in Kansas. This is the most efficient approach: the withdrawing attorney and substituting attorney file simultaneously, with all required signatures.

Withdrawal Without Substitute — Court Order Required:
If no substitute attorney is entering, the withdrawing attorney must obtain a court order before withdrawal is effective. The attorney must file a motion for leave to withdraw and serve the client. The court may deny the motion if withdrawal would prejudice the client or cause undue delay.

E-Filing in Kansas: Kansas uses an electronic filing system for district courts. Attorneys must file through the Kansas e-filing portal. The substituting attorney must register on the case and update service contacts. Service by the e-filing system is sufficient for registered users.

Kansas Bar Number: All Kansas attorneys must include their Kansas Bar Association (KBA) registration number on all court filings. Verify good standing at ksbar.org or kscourts.gov.

Notice Requirements: Upon filing of the substitution, all parties of record are served through the Kansas e-filing system. For pro se parties or those not registered in the system, service by mail or personal delivery is required under K.S.A. 60-205.

Effect on Deadlines and Trial Dates: Substitution of counsel does not automatically extend any deadlines or continue any hearing or trial. New counsel is bound by the existing scheduling order. A motion for extension or continuance must be filed separately.

District Court Local Rules: Kansas district courts may have local rules supplementing Rule 117. Verify applicable local rules for the specific district before filing.

COURT CAPTION

IN THE DISTRICT COURT OF [________________________________] COUNTY, KANSAS
[________________________________] DIVISION

[________________________________],
Plaintiff,

vs. Case No. [________________________________]

[________________________________], Division: [____]
Defendant.

SUBSTITUTION OF ATTORNEY
(Kansas Supreme Court Rule 117)

NOTICE OF SUBSTITUTION OF ATTORNEY

PLEASE TAKE NOTICE that, pursuant to Kansas Supreme Court Rule 117, [________________________________] (the "Party") hereby substitutes [________________________________] (KBA No. [________________________________]) as attorney of record in the above-captioned proceeding, in place of [________________________________] (KBA No. [________________________________]).

This substitution is made simultaneously with the withdrawal of the above-identified attorney, effective upon filing.

Party Substituting Counsel:

Name: [________________________________]
Party's Role: ☐ Plaintiff ☐ Defendant ☐ Counter-Claimant ☐ Third-Party Defendant ☐ Other: [____]

SECTION 1: WITHDRAWING ATTORNEY INFORMATION

Full Name: [________________________________]
Kansas Bar Association Number (KBA No.): [________________________________]
Law Firm / Organization: [________________________________]
Mailing Address: [________________________________]
City, State, ZIP: [________________________________], Kansas [____]
Telephone: ([____]) [____]-[____]
Fax: ([____]) [____]-[____]
Email Address: [________________________________]
Kansas E-Filing Service Email: [________________________________]

Date Attorney First Appeared in This Case: [__/__/____]
How Attorney Entered Appearance: ☐ Filed Petition/Complaint ☐ Answer ☐ Notice of Appearance ☐ Other: [____]

Withdrawing Attorney Representations:
☐ Client has been notified of this substitution
☐ Client has consented to this substitution
☐ All client files, documents, and property will be transferred to substituting counsel
☐ Trust funds will be handled per KRPC 1.16(d) and KRPC 1.15
☐ All known pending deadlines, hearings, and trial dates have been disclosed to substituting counsel
☐ This withdrawal is simultaneous with the entry of substituting counsel (satisfying Rule 117)

SECTION 2: SUBSTITUTING ATTORNEY INFORMATION

Full Name: [________________________________]
Kansas Bar Association Number (KBA No.): [________________________________]
Law Firm / Organization: [________________________________]
Mailing Address: [________________________________]
City, State, ZIP: [________________________________], Kansas [____]
Telephone: ([____]) [____]-[____]
Fax: ([____]) [____]-[____]
Email Address: [________________________________]
Kansas E-Filing Service Email: [________________________________]

Substituting Attorney Representations:
☐ I am duly licensed and in good standing with the Kansas Bar Association
☐ I have reviewed the case file and am familiar with the current status of this litigation
☐ I accept this representation effective upon filing of this Substitution
☐ I have updated (or will immediately update) my appearance in the Kansas e-filing system
☐ I am aware of all pending deadlines, hearings, and trial dates

Pending Hearings / Deadlines:

SECTION 3: CLIENT CONSENT

I, [________________________________], the party represented in the above-captioned action, hereby:

☐ Consent to the withdrawal of [________________________________] (KBA No. [________________________________]) as my attorney of record.
☐ Consent to the substitution of [________________________________] (KBA No. [________________________________]) as my new attorney of record.
☐ Acknowledge that I have been informed of all pending court dates and deadlines.
☐ Acknowledge that this substitution does not automatically extend any deadline or continue any hearing or trial.
☐ Authorize the complete transfer of my client file and all materials to substituting counsel.
☐ Have been informed of my obligations regarding any outstanding fees owed to withdrawing counsel.

Client Signature: [________________________________]

Printed Name: [________________________________]

Date: [__/__/____]

Mailing Address (for Court Records): [________________________________]
City, State, ZIP: [________________________________]
Telephone: ([____]) [____]-[____]
Email: [________________________________]

SECTION 4: SIGNATURES

Withdrawing Attorney

I certify that the information in Section 1 is true and accurate, and that this substitution is filed simultaneously with the entry of substituting counsel in compliance with Kansas Supreme Court Rule 117.

Signature: [________________________________]

Printed Name: [________________________________]

Kansas Bar Association No.: [________________________________]

Date: [__/__/____]

Substituting Attorney

I certify that the information in Section 2 is true and accurate, and that I accept this substitution simultaneously with the withdrawal of departing counsel.

Signature: [________________________________]

Printed Name: [________________________________]

Kansas Bar Association No.: [________________________________]

Date: [__/__/____]

SECTION 5: MOTION FOR LEAVE TO WITHDRAW (No Substitute Attorney)

Complete this section ONLY if no substitute attorney is entering and a court order is required under Kansas Supreme Court Rule 117.

IN THE DISTRICT COURT OF [________________________________] COUNTY, KANSAS

[________________________________], Plaintiff,
vs. Case No. [________________________________]
[________________________________], Defendant.

MOTION FOR LEAVE TO WITHDRAW AS ATTORNEY

COMES NOW [________________________________] (KBA No. [________________________________]), counsel for [________________________________], and respectfully moves for leave to withdraw pursuant to Kansas Supreme Court Rule 117 and Kansas Rules of Professional Conduct Rule 1.16, and states:

1. Undersigned counsel has represented [________________________________] in this matter since [__/__/____].

2. Grounds for withdrawal:
   ☐ Client has terminated the representation
   ☐ Irreconcilable breakdown in the attorney-client relationship
   ☐ Client's failure to meet financial obligations
   ☐ Continued representation would violate Rules of Professional Conduct
   ☐ Other: [________________________________]

3. Client's last known address and contact:
   [________________________________]
   [________________________________], Kansas [____]
   Phone: ([____]) [____]-[____]
   Email: [________________________________]

4. Client ☐ has been ☐ has not been notified of this motion.
   Date and method: [________________________________]

5. ☐ No hearings or trials are currently scheduled.
   ☐ Next scheduled event: [__/__/____] at [____]:00 [__]m
   ☐ Withdrawal will not cause undue delay or prejudice.
   ☐ Good cause exists for withdrawal despite the pending date: [________________________________]

WHEREFORE, undersigned counsel respectfully requests that the Court enter an Order granting leave to withdraw.

Respectfully submitted,

[________________________________] (KBA No. [________________________________])
[________________________________]
[________________________________], Kansas [____]
([____]) [____]-[____]
[________________________________]
Date: [__/__/____]

SECTION 6: PROPOSED ORDER

IN THE DISTRICT COURT OF [________________________________] COUNTY, KANSAS

[________________________________], Plaintiff,
vs. Case No. [________________________________]
[________________________________], Defendant.

ORDER ON SUBSTITUTION / WITHDRAWAL OF ATTORNEY

THIS MATTER coming before the Court; the Court being duly advised:

IT IS HEREBY ORDERED:

1. ☐ The Substitution of Attorney filed by [________________________________], substituting [________________________________] (KBA No. [________________________________]) as attorney of record for [________________________________], in place of [________________________________] (KBA No. [________________________________]), is APPROVED.

☐ The Motion for Leave to Withdraw of [________________________________] (KBA No. [________________________________]) as counsel for [________________________________] is GRANTED.

2. Future pleadings, notices, and orders shall be directed to:
   ☐ Substituting counsel: [________________________________], [________________________________], Kansas [____]
   ☐ The party directly: [________________________________], [________________________________], Kansas [____]

3. ☐ All current scheduling order deadlines and hearing dates remain as set.
   ☐ The following modification is ordered: [________________________________]

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

[________________________________]
District Judge, [________________________________] County, Kansas

SECTION 7: CERTIFICATE OF SERVICE

I, [________________________________], certify that on [__/__/____], I served a true and correct copy of the foregoing Substitution of Attorney upon the following persons by the method indicated, pursuant to K.S.A. 60-205:

Signature: [________________________________]

Printed Name: [________________________________]

KBA No.: [________________________________]

Date: [__/__/____]

PRACTICE NOTES — KANSAS

1. Rule 117 — Simultaneous Substitution: Kansas Rule 117 allows withdrawal without a court order only upon simultaneous substitution of admitted counsel. File both the Notice of Withdrawal and the new Appearance at the same time.

2. KBA Good Standing: Confirm that the substituting attorney's KBA registration is current. Suspended or administratively inactive attorneys cannot substitute. Check at ksbar.org.

3. Kansas E-Filing: All district court filings must be made through the Kansas e-filing system. After substitution, update the case service contacts so future electronic notices go to substituting counsel.

4. Court Order Required Without Substitute: If no substitute is entering, a motion and court order are required before withdrawal is effective. Service on the client at their last known address is mandatory.

5. K.S.A. 60-211: All pleadings and motions filed must be signed by the attorney of record, whose signature constitutes certification of good faith under K.S.A. 60-211.

6. Local District Rules: The Johnson County, Sedgwick County, and Wyandotte County district courts (among others) have local rules that may impose additional requirements. Always check local rules for the district where the case is pending.

7. Trust Account Compliance: Under KRPC 1.16(d), the withdrawing attorney must promptly return all client property, including unearned fees. Document the return with a receipt.

8. Pending Discovery: If written discovery responses are pending, the withdrawing attorney should coordinate with substituting counsel to avoid default or sanctions.

Sources and References:

• Kansas Supreme Court Rule 117: kscourts.gov/Rules-Orders/Rules/Withdrawal-of-Attorney
• Kansas Bar Association Attorney Search: ksbar.org
• Kansas E-Filing Portal: eflex.kscourts.gov
• Kansas Rules of Professional Conduct 1.16: kscourts.gov