Substitution of Attorney

SUBSTITUTION / ENROLLMENT OF COUNSEL — LOUISIANA STATE COURT

FILING CHECKLIST

☐ New attorney enrolling as counsel of record for the party
☐ Withdrawing attorney withdrawing / substituting out
☐ Motion to Substitute signed by both withdrawing and enrolling attorneys (per Rule 9.13)
☐ Client notified and consent obtained
☐ Certificate of compliance with LRPC 1.16 included
☐ All parties notified per Louisiana Code of Civil Procedure and Rule 9.13
☐ Louisiana e-filing system updated — new attorney's appearance registered
☐ Louisiana Bar Association (LSBA) bar number confirmed for both attorneys
☐ Proposed Order (submitted to court under Rule 9.13 — no hearing required if properly executed)
☐ Certificate of Service completed
☐ Client file and trust account matters addressed per LRPC 1.16

LOUISIANA PROCEDURAL OVERVIEW

Governing Rule: Louisiana District Court Rule 9.13 governs the withdrawal and substitution of counsel of record in Louisiana district courts. Under Rule 9.13, a motion to substitute counsel may be submitted if it is signed by both the withdrawing attorney and the enrolling (substituting) attorney. The court may grant the motion without a hearing when all signatures are obtained.

Substitution — No Hearing Required When Properly Executed:
Under Louisiana District Court Rule 9.13, if the Motion to Substitute Counsel is signed by: (1) the withdrawing attorney, and (2) the enrolling attorney, the court may grant the motion without a hearing. This makes the process efficient when the change is consensual.

Withdrawal Without Substitute — Contradictory Hearing Required:
An attorney may withdraw as counsel of record only after a contradictory hearing and upon good cause shown when no substitute is entering. If withdrawal would delay a scheduled hearing or trial, the court will generally not allow it unless exceptional circumstances exist.

Certificate of Compliance with LRPC 1.16: Under Rule 9.13, the motion or the enrolling attorney's filing should include a certificate that the withdrawing attorney has complied with Rule 1.16 of the Louisiana Rules of Professional Conduct.

Louisiana E-Filing: Louisiana uses an electronic filing system for district courts. Cases in many parishes are handled through the Louisiana eFlex or Odyssey (Tyler Technologies) systems. Attorneys must e-file all documents. After substitution, update e-service contacts in the filing system.

Bar Number: Louisiana State Bar Association (LSBA) bar numbers (also referred to as Louisiana Bar Number or Supreme Court Roll Number) must appear on all court filings.

Notice to Adverse Counsel: All parties of record must be served with the Motion to Substitute Counsel. Service is effected through the Louisiana e-filing system for registered users, or by mail/personal delivery for unrepresented parties.

Effect on Deadlines: Substitution does not automatically stay any existing deadlines, discovery obligations, or trial dates. New counsel assumes all existing deadlines.

COURT CAPTION

[________________________________] JUDICIAL DISTRICT COURT
PARISH OF [________________________________], STATE OF LOUISIANA

[________________________________],
Plaintiff,

vs. Docket No. [________________________________]

[________________________________], Division [____]
Defendant.

MOTION TO SUBSTITUTE COUNSEL OF RECORD
(Louisiana District Court Rule 9.13)

MOTION TO SUBSTITUTE COUNSEL OF RECORD

NOW INTO COURT, through undersigned counsel, comes [________________________________] (the "Mover"), and respectfully moves this Honorable Court for an Order substituting counsel of record in the above-captioned proceeding, as follows:

1. Current Counsel of Record (Withdrawing):
[________________________________] (LSBA No. [________________________________]) currently serves as counsel of record for [________________________________] ([Plaintiff / Defendant]) in this matter.

2. Substituting/Enrolling Counsel:
[________________________________] (LSBA No. [________________________________]) hereby enrolls as counsel of record for [________________________________] in this matter, in substitution for withdrawing counsel.

3. Basis for Substitution:
☐ The client has retained new counsel and consents to this substitution.
☐ Attorneys have agreed to this substitution.
☐ Other: [________________________________]

4. Rule 9.13 Compliance:
This Motion is signed by both the withdrawing attorney and the enrolling attorney as required by Louisiana District Court Rule 9.13. The Motion may be granted without a hearing.

SECTION 1: WITHDRAWING ATTORNEY INFORMATION

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

Date Enrolled as Counsel of Record: [__/__/____]

Withdrawing Attorney Certifications:
☐ I have notified the client of this substitution
☐ The client has consented to this substitution
☐ I have complied with Louisiana Rule of Professional Conduct 1.16 in connection with the termination of this representation
☐ All client files, documents, and property will be transferred to substituting counsel
☐ Any client funds held in trust will be disbursed or transferred per LRPC 1.16(d) and LRPC 1.15
☐ All pending deadlines, hearings, and discovery obligations have been disclosed to enrolling counsel

SECTION 2: ENROLLING / SUBSTITUTING ATTORNEY INFORMATION

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

Enrolling Attorney Representations:
☐ I am duly licensed and in good standing with the Louisiana State Bar Association
☐ I have reviewed the case file and am familiar with the current status of this litigation
☐ I accept enrollment as counsel of record effective upon entry of an Order by the Court
☐ I have updated (or will immediately update) my enrollment in the Louisiana e-filing system for this case
☐ I am aware of all pending court dates, discovery deadlines, and pretrial obligations

Pending Hearings / Deadlines / Discovery:

SECTION 3: CLIENT CONSENT

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

☐ Consent to the withdrawal of [________________________________] (LSBA No. [________________________________]) as my counsel of record.
☐ Consent to the enrollment of [________________________________] (LSBA No. [________________________________]) as my new counsel of record.
☐ Acknowledge that I have been informed of all pending court dates and deadlines.
☐ Acknowledge that this substitution does not automatically continue any hearing, trial, or discovery deadline.
☐ Authorize the complete transfer of my case file and all related materials to enrolling counsel.
☐ Understand any outstanding fee obligations to withdrawing counsel remain enforceable.

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 I have complied with Louisiana Rules of Professional Conduct Rule 1.16 in connection with this withdrawal.

Signature: [________________________________]

Printed Name: [________________________________]

LSBA Bar No.: [________________________________]

Date: [__/__/____]

Enrolling / Substituting Attorney

I certify that the information in Section 2 is true and accurate, and I hereby enroll as counsel of record for [________________________________] in this proceeding.

Signature: [________________________________]

Printed Name: [________________________________]

LSBA Bar No.: [________________________________]

Date: [__/__/____]

SECTION 5: MOTION TO WITHDRAW (No Substitute — Contradictory Hearing Required)

Complete this section ONLY if no substitute attorney is enrolling and a contradictory hearing is required under Louisiana District Court Rule 9.13.

[________________________________] JUDICIAL DISTRICT COURT
PARISH OF [________________________________], STATE OF LOUISIANA

[________________________________], Plaintiff,
vs. Docket No. [________________________________], Division [____]
[________________________________], Defendant.

MOTION AND RULE TO SHOW CAUSE FOR WITHDRAWAL AS COUNSEL OF RECORD

NOW INTO COURT, through undersigned counsel, comes [________________________________] (LSBA No. [________________________________]), counsel of record for [________________________________], and moves for leave to withdraw as counsel of record pursuant to Louisiana District Court Rule 9.13 and Louisiana Rule of Professional Conduct 1.16, and respectfully represents:

1. Undersigned counsel enrolled as counsel of record for [________________________________] on [__/__/____].

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

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

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

5. ☐ No hearings, trials, or motions are currently scheduled.
   ☐ Next scheduled event: [__/__/____] at [____]:00 [__]m, Division [____].
   ☐ Withdrawal will not delay any scheduled hearing or trial.
   ☐ Exceptional circumstances exist for withdrawal despite pending date: [________________________________]

WHEREFORE, mover prays that this Court issue a Rule to Show Cause, and, after hearing, enter an Order granting leave to withdraw as counsel of record.

Respectfully submitted,

[________________________________] (LSBA No. [________________________________])
[________________________________]
[________________________________], Louisiana [____]
([____]) [____]-[____]
[________________________________]
Date: [__/__/____]

RULE TO SHOW CAUSE

Considering the foregoing:

IT IS ORDERED that [________________________________] (the represented party) show cause on [__/__/____] at [____]:00 [__]m, before Division [____] of this Court, why the above motion should not be granted.

IT IS FURTHER ORDERED that a copy of this Order be served on [________________________________] at the last known address.

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

[________________________________]
Judge, [____] Judicial District Court
Parish of [________________________________], Louisiana

SECTION 6: ORDER GRANTING SUBSTITUTION OF COUNSEL

[________________________________] JUDICIAL DISTRICT COURT
PARISH OF [________________________________], STATE OF LOUISIANA

[________________________________], Plaintiff,
vs. Docket No. [________________________________], Division [____]
[________________________________], Defendant.

ORDER GRANTING SUBSTITUTION OF COUNSEL

Considering the Motion to Substitute Counsel of Record filed herein, signed by both the withdrawing and enrolling attorneys as required by Louisiana District Court Rule 9.13:

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that:

1. [________________________________] (LSBA No. [________________________________]) of [________________________________] is hereby ENROLLED as counsel of record for [________________________________] ([Plaintiff / Defendant]) in this proceeding.

2. [________________________________] (LSBA No. [________________________________]) of [________________________________] is hereby WITHDRAWN as counsel of record for [________________________________].

3. All future pleadings, notices, correspondence, and orders in this proceeding shall be directed to enrolling counsel at the address stated herein.

4. ☐ All currently scheduled court dates, discovery deadlines, and pretrial obligations remain as set.
   ☐ The following modification to the scheduling order is entered: [________________________________]

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

[________________________________]
Judge, [____] Judicial District Court
Parish of [________________________________], Louisiana

SECTION 7: CERTIFICATE OF SERVICE

I, [________________________________], certify that on [__/__/____], I served a true and correct copy of the foregoing Motion to Substitute Counsel and Proposed Order upon the following persons by the method indicated, pursuant to Louisiana Code of Civil Procedure Art. 1314:

Signature: [________________________________]

Printed Name: [________________________________]

LSBA No.: [________________________________]

Date: [__/__/____]

PRACTICE NOTES — LOUISIANA

1. Rule 9.13 — Both Attorneys Must Sign: The key requirement for a court to grant the motion without a hearing is that BOTH the withdrawing attorney and the enrolling attorney sign the motion. Missing either signature requires a contradictory hearing.

2. Contradictory Hearing Without Substitute: If no substitute is entering, a Rule to Show Cause must issue and a contradictory hearing held. Courts will not grant withdrawal if it would delay an imminent trial or hearing unless exceptional circumstances are shown.

3. Enrollment vs. "Appearance": Louisiana uses the term "enrollment" rather than "appearance" for counsel of record. The enrolling attorney formally "enrolls" in the case.

4. LSBA Good Standing: Verify the substituting attorney's LSBA bar number and standing at lsba.org. Suspended or inactive attorneys cannot enroll as counsel.

5. E-Filing by Parish: Louisiana's e-filing requirements vary by parish. Some parishes use Odyssey; others use different systems. Confirm which system is used in the parish where the case is pending.

6. Trust Account (LRPC 1.16 and 1.15): If the withdrawing attorney holds client funds in trust, those must be accounted for and transferred upon withdrawal. Obtain written receipt from the client or enrolling counsel.

7. No Automatic Continuance: Enrollment of new counsel does not automatically continue any hearing or trial date. File a motion for continuance separately if needed.

8. IOLTA and Fee Liens: If the withdrawing attorney has an IOLTA account balance or a contractual lien for fees, ensure proper handling under Louisiana law before completing the file transfer.

Sources and References:

• Louisiana District Court Rule 9.13: lasc.org/rules
• Louisiana Rules of Professional Conduct Rule 1.16: ladb.org
• Louisiana State Bar Association Attorney Search: lsba.org
• Louisiana E-Filing: louisianaefile.com (varies by parish)