Substitution of Attorney

SUBSTITUTION OF ATTORNEY — KENTUCKY STATE COURT

FILING CHECKLIST

☐ New attorney entering appearance as counsel of record
☐ Withdrawing attorney withdrawing from representation
☐ Client consent obtained and documented in writing
☐ All parties and counsel of record notified
☐ KyCourts e-filing system updated — new Appearance filed
☐ KyCourts service contacts updated to reflect new counsel
☐ Kentucky Bar Association (KBA) member number confirmed for both attorneys
☐ Proposed Order included if court approval is required or requested
☐ Certificate of Service completed
☐ Client file and trust matters addressed per SCR 3.130(1.16)

KENTUCKY PROCEDURAL OVERVIEW

Governing Rules: Substitution and withdrawal of attorneys in Kentucky circuit and district courts is governed by Kentucky Rules of Civil Procedure CR 3.02 (appearance of parties and attorneys) and CR 7.06 (entry and withdrawal of appearance). Attorney conduct in withdrawing is governed by Kentucky Supreme Court Rule 3.130, which incorporates Rule 1.16 of the Kentucky Rules of Professional Conduct.

Substitution with Consent:
When an attorney is being substituted and all parties agree (withdrawing attorney, substituting attorney, and client), the substitution can typically be accomplished by filing a signed Substitution of Counsel document without a court order, together with the substituting attorney's Entry of Appearance. Most Kentucky circuit courts accept this procedure.

Withdrawal Without Substitute — Motion Required:
If no substitute is entering, the withdrawing attorney must move the court for leave to withdraw. The court will consider whether withdrawal would prejudice the client or cause undue delay in the proceedings.

KyCourts E-Filing: Kentucky uses the KyCourts e-filing system. All attorneys must e-file through KyCourts for circuit and district court matters. The substituting attorney must file their Entry of Appearance in KyCourts simultaneously with the Substitution. Service is effected through the KyCourts e-service system.

Kentucky Bar Member Number: All attorneys practicing in Kentucky must include their Kentucky Bar Association (KBA) member number on court filings. Verify membership status at kybar.org.

Effect on Deadlines: Substitution of counsel does not automatically continue any trial date or scheduling order deadline. Courts may grant a continuance in their discretion upon motion.

Local Circuit Court Rules: Kentucky circuit courts have local rules that may supplement CR 7.06. The Jefferson Circuit Court (Louisville), Fayette Circuit Court (Lexington), and other large circuits often have standing orders. Confirm local requirements.

COURT CAPTION

[________________________________] CIRCUIT COURT / DISTRICT COURT
[________________________________] COUNTY, COMMONWEALTH OF KENTUCKY

[________________________________],
Plaintiff,

vs. Civil Action No. [________________________________]

[________________________________],
Defendant.

SUBSTITUTION OF COUNSEL
(Kentucky CR 7.06 / SCR 3.130(1.16))

NOTICE OF SUBSTITUTION OF COUNSEL

PLEASE TAKE NOTICE that, pursuant to Kentucky Rules of Civil Procedure CR 7.06, [________________________________] (the "Party") hereby substitutes [________________________________] (KBA Member No. [________________________________]) as counsel of record in the above-captioned action, in place of [________________________________] (KBA Member No. [________________________________]).

This substitution is effective upon the simultaneous filing of this Notice and the substituting attorney's Entry of Appearance.

Party Substituting Counsel:

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

SECTION 1: WITHDRAWING ATTORNEY INFORMATION

Full Name: [________________________________]
Kentucky Bar Association Member Number: [________________________________]
Law Firm / Organization: [________________________________]
Mailing Address: [________________________________]
City, State, ZIP: [________________________________], Kentucky [____]
Telephone: ([____]) [____]-[____]
Fax: ([____]) [____]-[____]
Email Address: [________________________________]
KyCourts E-Filing Service Email: [________________________________]

Date of Original Entry of Appearance: [__/__/____]
Division / Judge Assignment: [________________________________]

Withdrawing Attorney Representations:
☐ Client has been notified of this substitution
☐ Client has provided written consent to the substitution
☐ All client files, documents, and property will be transferred promptly to substituting counsel
☐ Trust account funds will be handled per SCR 3.130(1.16)(d) and SCR 3.130(1.15)
☐ All known pending court dates, deadlines, and discovery obligations have been disclosed to substituting counsel

SECTION 2: SUBSTITUTING ATTORNEY INFORMATION

Full Name: [________________________________]
Kentucky Bar Association Member Number: [________________________________]
Law Firm / Organization: [________________________________]
Mailing Address: [________________________________]
City, State, ZIP: [________________________________], Kentucky [____]
Telephone: ([____]) [____]-[____]
Fax: ([____]) [____]-[____]
Email Address: [________________________________]
KyCourts E-Filing Service Email: [________________________________]

Substituting Attorney Representations:
☐ I am licensed and in good standing with the Kentucky Bar Association
☐ I have reviewed the case file and am familiar with the current posture of this litigation
☐ I accept this representation effective upon filing of this Substitution
☐ I have filed (or am simultaneously filing) my Entry of Appearance in KyCourts for this case
☐ 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 counsel of record.
☐ Consent to the substitution of [________________________________] (KBA No. [________________________________]) as my new counsel of record.
☐ Acknowledge that I have been informed of all pending court dates, deadlines, and discovery obligations.
☐ Understand that this substitution does not automatically continue any scheduled hearing or trial date.
☐ Authorize the complete transfer of my client file and all materials to substituting counsel.
☐ Acknowledge any outstanding fee obligations to withdrawing counsel: ☐ None ☐ Amount: $[________________________________]

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 I consent to this substitution.

Signature: [________________________________]

Printed Name: [________________________________]

KBA Member No.: [________________________________]

Date: [__/__/____]

Substituting Attorney

I certify that the information in Section 2 is true and accurate, and I accept this substitution.

Signature: [________________________________]

Printed Name: [________________________________]

KBA Member No.: [________________________________]

Date: [__/__/____]

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

Complete this section ONLY if no substitute attorney is entering and court approval is required.

[________________________________] CIRCUIT / DISTRICT COURT
[________________________________] COUNTY, COMMONWEALTH OF KENTUCKY

[________________________________], Plaintiff,
vs. Civil Action No. [________________________________]
[________________________________], Defendant.

MOTION FOR LEAVE TO WITHDRAW AS COUNSEL OF RECORD

COMES NOW [________________________________] (KBA No. [________________________________]), counsel of record for [________________________________] ([Plaintiff/Defendant]), and moves this Court for leave to withdraw pursuant to Kentucky Rules of Civil Procedure CR 7.06 and Kentucky Supreme Court Rule 3.130(1.16), and in support states:

1. Undersigned counsel has represented the above-named party in this action since [__/__/____].

2. Grounds for withdrawal (check all that apply):
   ☐ Client has terminated the representation
   ☐ Irreconcilable breakdown in the attorney-client relationship
   ☐ Client's failure to fulfill financial obligations
   ☐ Continued representation would require violation of professional conduct rules
   ☐ Attorney closing practice / retiring
   ☐ Other: [________________________________]

3. Client's last known contact information:
   [________________________________]
   [________________________________], Kentucky [____]
   Phone: ([____]) [____]-[____]
   Email: [________________________________]

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

5. ☐ No hearings or trial dates are currently scheduled.
   ☐ Next scheduled event: [__/__/____] at [____]:00 [__]m.
   ☐ Withdrawal will not cause undue delay or prejudice to the client.
   ☐ Exceptional circumstances exist for withdrawal despite pending date: [________________________________]

WHEREFORE, undersigned counsel respectfully requests leave to withdraw as counsel of record.

Respectfully submitted,

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

SECTION 6: PROPOSED ORDER

[________________________________] CIRCUIT / DISTRICT COURT
[________________________________] COUNTY, COMMONWEALTH OF KENTUCKY

[________________________________], Plaintiff,
vs. Civil Action No. [________________________________]
[________________________________], Defendant.

ORDER ON SUBSTITUTION / WITHDRAWAL OF COUNSEL

THIS MATTER having come before the Court on the Substitution of Counsel / Motion for Leave to Withdraw filed herein; the Court being sufficiently advised:

IT IS HEREBY ORDERED:

1. ☐ The Substitution of Counsel, substituting [________________________________] (KBA No. [________________________________]) as counsel of record for [________________________________], in place of [________________________________] (KBA No. [________________________________]), is hereby APPROVED.

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

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

3. ☐ All existing scheduling order deadlines and hearing dates remain as previously set.
   ☐ The matter is continued to [__/__/____] at [____]:00 [__]m.

ENTERED this [____] day of [________________________________], 20[____].

[________________________________]
[________________________________] Circuit / District Court Judge
[________________________________] County, Kentucky

SECTION 7: CERTIFICATE OF SERVICE

I, [________________________________], certify that on [__/__/____], I served a true and correct copy of the foregoing upon the following persons by the method indicated, pursuant to Kentucky Rules of Civil Procedure CR 5.02:

Signature: [________________________________]

Printed Name: [________________________________]

KBA Member No.: [________________________________]

Date: [__/__/____]

PRACTICE NOTES — KENTUCKY

1. CR 7.06 and Entry of Appearance: The substituting attorney must file a separate Entry of Appearance simultaneously with this Substitution of Counsel. In KyCourts, both filings should be made as part of the same submission.

2. KyCourts E-Filing: KyCourts is the official statewide portal for all circuit and district court e-filing. After substitution, ensure substituting counsel is registered in KyCourts and receiving e-service on this case. Remove withdrawing counsel from e-service contacts.

3. KBA Good Standing: Verify substituting attorney's KBA membership at kybar.org. Suspended, inactive, or disbarred attorneys cannot substitute. The court may ask for confirmation of good standing.

4. SCR 3.130(1.16) Compliance: The Kentucky Rules of Professional Conduct, incorporated through SCR 3.130, require that the withdrawing attorney take steps to minimize prejudice to the client. This includes timely file transfer and, where applicable, returning unearned fees.

5. Local Circuit Rules: Jefferson County (Louisville) and Fayette County (Lexington) courts have local rules and judge-specific standing orders. Large counties may require a motion even for stipulated substitutions. Confirm with the clerk.

6. No Automatic Continuance: Kentucky courts do not automatically continue matters upon substitution of counsel. File a motion for continuance separately and serve all parties.

7. Trust Account: Under SCR 3.130(1.15), client funds in trust must be safeguarded and promptly transferred. Document the transfer in writing.

8. Family Court Matters: Domestic relations and family court cases may have additional requirements. Consult the applicable Family Court local rules.

Sources and References:

• Kentucky Rules of Civil Procedure CR 7.06: kycourts.gov
• Kentucky Supreme Court Rules SCR 3.130: kybar.org
• KyCourts E-Filing: kycourts.gov/e-filing
• Kentucky Bar Association Member Search: kybar.org