Substitution of Attorney

SUBSTITUTION OF ATTORNEY — MARYLAND STATE COURT

FILING CHECKLIST

☐ New attorney entering appearance as counsel of record
☐ Withdrawing attorney striking appearance / withdrawing
☐ 21-day advance notice provided to client (required by Maryland Rule 2-132 where no substitute)
☐ Client consent obtained and documented
☐ All parties and counsel of record notified via MDEC e-service
☐ Substituting attorney's Entry of Appearance filed in MDEC
☐ MDEC service contacts updated to reflect new counsel
☐ Maryland Attorneys' Identification Number (Client Protection Fund number / attorney bar number) confirmed
☐ Proposed Order attached (court may require in some Circuit Courts)
☐ Certificate of Service completed
☐ Client file and trust account matters addressed per Md. Rule 19-301.16

MARYLAND PROCEDURAL OVERVIEW

Governing Rule: Maryland Rule 2-132 governs the striking of an attorney's appearance in civil proceedings in Circuit Court. This rule applies to both withdrawal (striking appearance without substitute) and substitution (striking appearance simultaneously with a new attorney's entry of appearance).

Substitution with Consent:
When an attorney is substituting for another and the client consents, the most common approach is for: (1) the withdrawing attorney to file a Line Striking Appearance, and (2) the substituting attorney to file an Entry of Appearance simultaneously. Many Maryland circuit courts accept this as a complete substitution without requiring a court order.

Withdrawal Without Substitute — 21-Day Notice Required:
Under Maryland Rule 2-132, when an attorney seeks to withdraw (strike appearance) without a substitute entering, the attorney must give 21 days' written notice to the client before the appearance is stricken. The notice must advise the client to obtain new counsel. The court may deny the motion to strike if withdrawal would cause undue delay, prejudice, or injustice.

MDEC E-Filing (Mandatory for Attorneys): Under Maryland Rule 20-106, electronic filing is mandatory for attorneys in all Maryland Circuit Courts participating in MDEC (Maryland Electronic Courts). The substituting attorney must file their Entry of Appearance through MDEC. Service to registered users is made through MDEC's e-service system.

Maryland Attorney Identification Number: Maryland attorneys must include their Maryland court-assigned attorney bar number on all filings. Confirm current status at courts.state.md.us.

Notice to Opposing Counsel: Service is accomplished through MDEC for registered filers. For unrepresented parties, service must be made by mail or personal delivery consistent with Maryland Rule 1-321.

Effect on Pending Deadlines: Substitution of counsel does not stay or extend any pending deadlines, scheduling orders, or trial dates. New counsel assumes all existing obligations. A separate motion for extension of time or continuance is needed if additional time is required.

COURT CAPTION

IN THE CIRCUIT COURT FOR [________________________________] COUNTY, MARYLAND

[________________________________],
Plaintiff,

vs. Case No. [________________________________]

[________________________________],
Defendant.

LINE STRIKING APPEARANCE AND SUBSTITUTION OF COUNSEL
(Maryland Rule 2-132)

NOTICE OF SUBSTITUTION OF COUNSEL

PLEASE TAKE NOTICE that, pursuant to Maryland Rule 2-132, [________________________________] (the "Party") hereby substitutes [________________________________] (Md. Atty. No. [________________________________]) as counsel of record in the above-captioned proceeding, in place of [________________________________] (Md. Atty. No. [________________________________]).

The appearance of withdrawing counsel is hereby stricken simultaneously with the entry of appearance of substituting counsel, effective upon filing.

Party Substituting Counsel:

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

SECTION 1: WITHDRAWING ATTORNEY INFORMATION

Full Name: [________________________________]
Maryland Attorney Bar Number: [________________________________]
Law Firm / Organization: [________________________________]
Mailing Address: [________________________________]
City, State, ZIP: [________________________________], Maryland [____]
Telephone: ([____]) [____]-[____]
Fax: ([____]) [____]-[____]
Email Address: [________________________________]
MDEC Service Email: [________________________________]

Date of Entry of Appearance in This Case: [__/__/____]

Withdrawing Attorney Representations:
☐ The client has been notified of this substitution
☐ The client has consented in writing to this substitution
☐ 21-day advance notice (if required) ☐ was provided on [__/__/____] ☐ is not required (simultaneous substitution)
☐ All client files, documents, and property will be transferred to substituting counsel
☐ Trust account funds will be handled per Md. Rule 19-301.16(d) and 19-301.15
☐ All pending court dates, discovery deadlines, and scheduling order obligations have been disclosed to substituting counsel

SECTION 2: SUBSTITUTING ATTORNEY INFORMATION

Full Name: [________________________________]
Maryland Attorney Bar Number: [________________________________]
Law Firm / Organization: [________________________________]
Mailing Address: [________________________________]
City, State, ZIP: [________________________________], Maryland [____]
Telephone: ([____]) [____]-[____]
Fax: ([____]) [____]-[____]
Email Address: [________________________________]
MDEC Service Email: [________________________________]

Substituting Attorney Representations:
☐ I am duly licensed and in good standing with the Maryland courts
☐ 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 Line and my Entry of Appearance
☐ I am simultaneously filing my Entry of Appearance in MDEC for this case
☐ I am aware of all pending court dates, discovery deadlines, and pretrial conference dates

Pending Hearings / Deadlines:

SECTION 3: CLIENT CONSENT

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

☐ Consent to the withdrawal of [________________________________] (Md. Atty. No. [________________________________]) as my counsel of record.
☐ Consent to the substitution of [________________________________] (Md. Atty. 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 extend any deadline or continue any hearing or trial date.
☐ Authorize the complete transfer of my case file and all related materials to substituting counsel.
☐ Acknowledge that I have been advised of the 21-day notice requirement under Maryland Rule 2-132 (where applicable).
☐ Acknowledge any outstanding fee obligations to withdrawing counsel: ☐ None ☐ Will be addressed separately

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, that I am striking my appearance as counsel for the above-named party, and that all requirements of Maryland Rule 2-132 have been satisfied.

Signature: [________________________________]

Printed Name: [________________________________]

Maryland Attorney Bar No.: [________________________________]

Date: [__/__/____]

Substituting Attorney

I certify that the information in Section 2 is true and accurate, and that I am entering my appearance as counsel of record for the above-named party simultaneously with the filing of this Line.

Signature: [________________________________]

Printed Name: [________________________________]

Maryland Attorney Bar No.: [________________________________]

Date: [__/__/____]

SECTION 5: MOTION TO STRIKE APPEARANCE (No Substitute Attorney)

Complete this section ONLY if no substitute attorney is entering. Under Maryland Rule 2-132, 21-day advance written notice to the client is required.

IN THE CIRCUIT COURT FOR [________________________________] COUNTY, MARYLAND

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

MOTION TO STRIKE APPEARANCE

Pursuant to Maryland Rule 2-132, the undersigned, [________________________________] (Md. Atty. No. [________________________________]), counsel for [________________________________] ([Plaintiff/Defendant]), respectfully moves for an Order striking the undersigned's appearance, and states:

1. Undersigned counsel entered an appearance in this matter on [__/__/____].

2. Grounds for withdrawal:
   ☐ Client has discharged counsel
   ☐ Irreconcilable breakdown in attorney-client relationship making continued representation unreasonably difficult
   ☐ Client has failed to fulfill financial obligations
   ☐ Continued representation would require a violation of professional conduct rules
   ☐ Other: [________________________________]

3. 21-Day Notice: On [__/__/____], undersigned counsel served written notice on the client advising of the intent to withdraw, the client's right to obtain substitute counsel, and the pending court dates. (21 days have elapsed since notice — or notice is waived by consent — prior to filing of this motion.)

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

4. ☐ No hearings or trial dates are pending.
   ☐ Next scheduled date: [__/__/____] at [____]:00 [__]m.
   ☐ Withdrawal will not cause undue delay, prejudice, or injustice.
   ☐ Circumstances justifying withdrawal despite pending date: [________________________________]

5. Undersigned will take steps to minimize prejudice to the client per Md. Rule 19-301.16(d), including promptly turning over the client file.

WHEREFORE, undersigned counsel respectfully requests an Order striking the undersigned's appearance.

[________________________________] (Md. Atty. No. [________________________________])
[________________________________]
[________________________________], Maryland [____]
([____]) [____]-[____]
[________________________________]
Date: [__/__/____]

SECTION 6: PROPOSED ORDER

IN THE CIRCUIT COURT FOR [________________________________] COUNTY, MARYLAND

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

ORDER ON LINE STRIKING APPEARANCE / MOTION TO STRIKE APPEARANCE

Upon consideration of the Line Striking Appearance and Substitution / Motion to Strike Appearance filed herein:

IT IS THIS [____] DAY OF [________________________________], 20[____], HEREBY ORDERED:

1. ☐ The substitution of [________________________________] (Md. Atty. No. [________________________________]) as counsel of record for [________________________________], in place of [________________________________] (Md. Atty. No. [________________________________]), is hereby APPROVED.

☐ The Motion to Strike Appearance of [________________________________] (Md. Atty. No. [________________________________]) as counsel for [________________________________] is hereby GRANTED.

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

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

[________________________________]
Judge, Circuit Court for [________________________________] County, Maryland

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 Maryland Rule 1-321:

Signature: [________________________________]

Printed Name: [________________________________]

Maryland Attorney Bar No.: [________________________________]

Date: [__/__/____]

PRACTICE NOTES — MARYLAND

1. 21-Day Notice Requirement: Maryland Rule 2-132 requires that when an attorney is withdrawing WITHOUT a substitute, 21 days' written notice to the client is required before the appearance can be stricken. Confirm compliance before filing.

2. Simultaneous Substitution — No 21-Day Wait: When a substitute attorney is simultaneously entering an appearance, the 21-day notice requirement is generally not applicable, and the substitution can proceed immediately.

3. MDEC Mandatory E-Filing: Under Maryland Rule 20-106, all Maryland attorneys must e-file in MDEC-enrolled courts. Filing must be done through the Maryland Electronic Courts portal. Substituting counsel must register on the case through MDEC.

4. Attorney Bar Number: Maryland assigns each attorney a unique bar number used for court records. Confirm the substituting attorney's bar number is current at courts.state.md.us.

5. Court May Deny Withdrawal: Maryland Rule 2-132(b) expressly states the court may deny a motion to strike if withdrawal would cause undue delay, prejudice, or injustice to any party. Courts near trial dates are particularly likely to deny.

6. Local Circuit Court Procedures: Some Maryland counties (e.g., Baltimore City, Montgomery County, Prince George's County) have local administrative rules or standing orders that supplement Rule 2-132. Confirm local requirements.

7. Trust Account (Md. Rule 19-301.15): Client funds held in an IOLTA or trust account must be accounted for and returned or transferred per the Maryland Attorneys' Rules of Professional Conduct. Document all transfers.

8. Family Law Cases: In domestic relations cases in the Circuit Court, the court may require that the party be present or have independent notice of the substitution, particularly in contested custody matters.

Sources and References:

• Maryland Rule 2-132: mdcourts.gov/rules
• Maryland Attorneys' Rules of Professional Conduct 19-301.16: mdcourts.gov
• Maryland Electronic Courts (MDEC): mdcourts.gov/mdec
• Maryland Attorney Search: courts.state.md.us