Substitution of Attorney

SUBSTITUTION OF ATTORNEY — MASSACHUSETTS STATE COURT

FILING CHECKLIST

☐ New attorney entering appearance as counsel of record
☐ Withdrawing attorney filing Notice of Withdrawal
☐ Client consent obtained in writing
☐ All parties and counsel of record notified
☐ New attorney's Appearance filed in eFileMA simultaneously
☐ eFileMA service contacts updated to reflect new counsel
☐ BBO (Board of Bar Overseers) number confirmed for both attorneys
☐ Motion for Leave to Withdraw filed separately if no substitute enters (court approval required)
☐ Proposed Order included if court approval sought
☐ Certificate of Service completed
☐ Client file and trust account matters addressed per Mass. R. Prof. C. 1.16

MASSACHUSETTS PROCEDURAL OVERVIEW

Governing Rules: In Massachusetts state courts, substitution of attorney is governed by the Massachusetts Rules of Civil Procedure (particularly Rule 11 and local rules), the Massachusetts Rules of Professional Conduct Rule 1.16, and the standing orders of the specific trial court department.

Substitution with Consent — Notice and Appearance Filing:
In Massachusetts Superior Court and other Trial Court departments, a substitution of counsel is typically accomplished by the withdrawing attorney filing a Notice of Withdrawal simultaneously with the substituting attorney filing a new Appearance. When all parties agree and the client consents, no separate motion or court order is generally required. The filing of the new Appearance constitutes the substitution.

Withdrawal Without Substitute — Motion Required:
If no substitute attorney is entering, the withdrawing attorney must file a Motion for Leave to Withdraw. The court will consider whether the client has been given adequate notice and whether withdrawal would prejudice the client or cause undue delay. Under Mass. R. Prof. C. 1.16(c), a court may order the attorney to continue representation.

eFileMA: Massachusetts uses eFileMA (the statewide electronic filing system) for all Trial Court departments, including the Superior Court, the District Court, and the Boston Municipal Court. All attorney filings must be made through eFileMA. The substituting attorney must file their Appearance in eFileMA, and the system will update the case record.

BBO Number: Massachusetts attorneys must include their Board of Bar Overseers (BBO) registration number on all court filings. Verify BBO status at massbbo.org.

Superior Court Rule 9C: Rule 9C in Massachusetts Superior Court governs the conferral requirement for dispositive and discovery motions, but does not specifically address substitution of counsel. However, if a motion for continuance is necessary in connection with the substitution, the parties should confer per Rule 9C before filing that motion.

Effect on Pending Dates: Substitution does not automatically continue any hearing, conference, or trial. Courts in Massachusetts expect new counsel to be ready to proceed on existing dates. File a motion for continuance if additional time is needed, providing specific reasons.

COURT CAPTION

COMMONWEALTH OF MASSACHUSETTS
[________________________________] COURT
[________________________________] COUNTY / DIVISION

[________________________________],
Plaintiff,

vs. Civil Action No. [________________________________]

[________________________________],
Defendant.

NOTICE OF SUBSTITUTION OF ATTORNEY

NOTICE OF SUBSTITUTION OF ATTORNEY

PLEASE TAKE NOTICE that [________________________________] (BBO No. [________________________________]) hereby withdraws as counsel for [________________________________] ([Plaintiff / Defendant]) in the above-captioned action, and [________________________________] (BBO No. [________________________________]) hereby enters as counsel of record for [________________________________], effective upon the filing of this Notice and the simultaneous filing of substituting counsel's Appearance.

Party Substituting Counsel:

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

SECTION 1: WITHDRAWING ATTORNEY INFORMATION

Full Name: [________________________________]
Massachusetts BBO Number: [________________________________]
Law Firm / Organization: [________________________________]
Mailing Address: [________________________________]
City, State, ZIP: [________________________________], Massachusetts [____]
Telephone: ([____]) [____]-[____]
Fax: ([____]) [____]-[____]
Email Address: [________________________________]
eFileMA Service Email: [________________________________]

Date of Original Appearance in This Case: [__/__/____]
Court Session / Session Number (if applicable): [________________________________]

Withdrawing Attorney Representations:
☐ Client has been notified of this withdrawal and the substitution
☐ Client has provided written consent to this substitution
☐ All files, documents, correspondence, and client property will be transferred to substituting counsel promptly
☐ Trust account funds will be handled in compliance with Mass. R. Prof. C. 1.16(d) and 1.15
☐ All pending court dates, discovery deadlines, motion schedules, and trial dates have been disclosed to substituting counsel
☐ No pending Rule 9C obligations or outstanding discovery responses will be left unresolved

SECTION 2: SUBSTITUTING ATTORNEY INFORMATION

Full Name: [________________________________]
Massachusetts BBO Number: [________________________________]
Law Firm / Organization: [________________________________]
Mailing Address: [________________________________]
City, State, ZIP: [________________________________], Massachusetts [____]
Telephone: ([____]) [____]-[____]
Fax: ([____]) [____]-[____]
Email Address: [________________________________]
eFileMA Service Email: [________________________________]

Substituting Attorney Representations:
☐ I am duly licensed and in good standing with the Massachusetts Board of Bar Overseers
☐ I have reviewed the case file and am familiar with the current state of this litigation
☐ I accept representation effective upon filing of this Notice and my Appearance in eFileMA
☐ I am simultaneously filing my Appearance in eFileMA for this case
☐ I am aware of all pending court dates, deadlines, and discovery obligations

Pending Court Dates / Deadlines / Discovery:

SECTION 3: CLIENT CONSENT

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

☐ Consent to the withdrawal of [________________________________] (BBO No. [________________________________]) as my attorney of record.
☐ Consent to the substitution of [________________________________] (BBO No. [________________________________]) as my new attorney of record.
☐ Acknowledge that I have been informed of all pending court dates and deadlines.
☐ Acknowledge that substitution of counsel does not automatically continue or extend any existing court deadline or hearing date.
☐ Authorize the complete transfer of my case file, documents, and all related materials to substituting counsel.
☐ Acknowledge any outstanding fee obligations to withdrawing counsel: ☐ None ☐ Confirm amount with 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 I am withdrawing as counsel for the above-named party.

Signature: [________________________________]

Printed Name: [________________________________]

Massachusetts BBO No.: [________________________________]

Date: [__/__/____]

Substituting Attorney

I certify that the information in Section 2 is true and accurate and that I am entering as counsel of record for the above-named party.

Signature: [________________________________]

Printed Name: [________________________________]

Massachusetts BBO No.: [________________________________]

Date: [__/__/____]

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

Complete this section ONLY if no substitute attorney is entering.

COMMONWEALTH OF MASSACHUSETTS
[________________________________] COURT, [________________________________] COUNTY

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

MOTION FOR LEAVE TO WITHDRAW AS COUNSEL

The undersigned, [________________________________] (BBO No. [________________________________]), hereby moves this Court pursuant to Massachusetts Rules of Professional Conduct Rule 1.16 for leave to withdraw as counsel for [________________________________] ([Plaintiff / Defendant]), and in support states:

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

2. Grounds for withdrawal:
   ☐ Client has discharged counsel
   ☐ Irreconcilable breakdown of the attorney-client relationship
   ☐ Client's failure to fulfill financial obligations to counsel
   ☐ Continued representation would result in violation of the Rules of Professional Conduct
   ☐ Attorney is leaving the practice of law
   ☐ Other: [________________________________]

3. Client has been notified of this motion ☐ Yes ☐ No
   Date and method: [________________________________]
   Client's last known contact:
   [________________________________]
   [________________________________], Massachusetts [____]
   Phone: ([____]) [____]-[____]
   Email: [________________________________]

4. ☐ No hearings, conferences, or trial dates are currently scheduled in this matter.
   ☐ The following date is currently scheduled: [__/__/____] at [____]:00 [__]m.
   ☐ Withdrawal will not cause undue delay or prejudice.
   ☐ Circumstances justifying withdrawal despite the pending date: [________________________________]

5. Undersigned counsel has complied or will comply with Mass. R. Prof. C. 1.16(d) to minimize prejudice to the client, including: (a) reasonable notice; (b) time to obtain substitute counsel; (c) return of client papers; (d) refund of unearned fees.

WHEREFORE, undersigned counsel respectfully requests leave to withdraw.

[________________________________] (BBO No. [________________________________])
[________________________________]
[________________________________], Massachusetts [____]
([____]) [____]-[____]
[________________________________]
Date: [__/__/____]

SECTION 6: PROPOSED ORDER

COMMONWEALTH OF MASSACHUSETTS
[________________________________] COURT, [________________________________] COUNTY

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

ORDER ON SUBSTITUTION / WITHDRAWAL OF COUNSEL

This matter having come before the Court; the Court having considered the Notice of Substitution of Attorney / Motion for Leave to Withdraw:

IT IS HEREBY ORDERED:

1. ☐ The substitution of [________________________________] (BBO No. [________________________________]) as attorney of record for [________________________________], in place of [________________________________] (BBO No. [________________________________]), is APPROVED.

☐ The Motion for Leave to Withdraw of [________________________________] (BBO No. [________________________________]) as attorney for [________________________________] is ALLOWED.

2. Future service of process and all court notices shall be directed to:
   ☐ Substituting counsel at the address stated herein.
   ☐ The party directly at: [________________________________], [________________________________], Massachusetts [____].

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

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

[________________________________]
Justice of the [________________________________] Court

SECTION 7: CERTIFICATE OF SERVICE

I, [________________________________], certify that on [__/__/____], I served a true copy of the foregoing Notice of Substitution of Attorney upon the following persons by the method indicated, pursuant to Massachusetts Rules of Civil Procedure Rule 5:

Signature: [________________________________]

Printed Name: [________________________________]

BBO No.: [________________________________]

Date: [__/__/____]

PRACTICE NOTES — MASSACHUSETTS

1. Simultaneous Filing: The most efficient approach is simultaneous filing of the Notice of Withdrawal and the new Appearance in eFileMA. This effects the substitution without requiring a separate court order.

2. eFileMA Portal: All Massachusetts Trial Court filings are made through eFileMA. Substituting counsel must register in eFileMA and file their Appearance. Service to registered users is made electronically through the portal.

3. BBO Verification: Confirm the substituting attorney's BBO registration status at massbbo.org. An attorney on suspension or administrative suspension may not enter an appearance.

4. Mass. R. Prof. C. 1.16(c): Massachusetts courts have authority to order an attorney to continue representation if withdrawal would cause serious harm to the client. Counsel should be prepared to address this if the court raises it.

5. Superior Court Sessions: The Massachusetts Superior Court has multiple sessions in each county. Confirm the specific session and judge assignment to ensure the Notice of Withdrawal and new Appearance are filed under the correct session number.

6. No Automatic Continuance: Substitution of counsel in Massachusetts does not automatically extend any existing deadline or court date. If additional time is needed, file a motion for continuance under Mass. R. Civ. P. 6 or contact the session clerk.

7. File Transfer and Unearned Fees: Under Mass. R. Prof. C. 1.16(d), withdrawing counsel must promptly turn over files and return any unearned fees. Confirm transfer in writing.

8. District Court / BMC Matters: For cases in the District Court or Boston Municipal Court, check that court's local rules. Procedures may be slightly different from Superior Court.

9. Probate and Family Court: Probate and Family Court cases have their own procedures. The Probate and Family Court may require a Withdrawal form specific to that court.

Sources and References:

• Massachusetts Rules of Civil Procedure: mass.gov/trial-court-rules
• Massachusetts Rules of Professional Conduct Rule 1.16: massbbo.org
• Board of Bar Overseers Attorney Search: massbbo.org
• eFileMA Portal: efileMA.com
• Massachusetts Superior Court Standing Orders: mass.gov/superior-court