Substitution of Attorney

SUBSTITUTION OF ATTORNEY — MAINE STATE COURT

FILING CHECKLIST

☐ New attorney entering appearance as counsel of record
☐ Withdrawing attorney withdrawing from representation
☐ Client consent obtained and documented
☐ Court approval obtained or confirmed not required (see M.R. Civ. P. 89)
☐ All parties and counsel of record notified
☐ Maine eCourts e-filing system updated — new attorney's Appearance filed
☐ eCourts service contacts updated to reflect new counsel
☐ Maine Bar number (Board of Overseers of the Bar) confirmed for both attorneys
☐ Proposed Order included if court approval is required
☐ Certificate of Service completed
☐ Client file and trust account matters addressed per Maine Bar Rule 3.5 and MRPC 1.16

MAINE PROCEDURAL OVERVIEW

Governing Rules: In Maine civil proceedings, withdrawal and substitution of attorneys is governed by Maine Rule of Civil Procedure 89, which addresses the procedures for attorney withdrawal. Maine Bar Rule 3.5 (substantively consistent with Maine Rules of Professional Conduct Rule 1.16) also applies to withdrawal from representation.

Substitution with Court Approval:
Under M.R. Civ. P. 89, withdrawal of appearance generally requires court approval when a case is pending. The usual practice is for the withdrawing attorney and the substituting attorney to file a joint motion or stipulation for substitution, which the court approves. In many Maine courts, if both attorneys and the client sign the substitution document, the court will grant it routinely.

Withdrawal Without Substitute:
Under M.R. Civ. P. 89(c), withdrawal without a substitute requires a motion, notice to the client, and often a court order. The court will not permit withdrawal if it would leave the client without representation at a critical stage unless good cause is shown.

Maine eCourts: Maine has deployed an electronic case management and filing system (eCourts / Odyssey). Attorneys must e-file through Maine eCourts. The substituting attorney must register their appearance in eCourts and ensure they receive e-service for the case.

Maine Bar Number: Maine attorneys must include their Board of Overseers of the Bar registration number on all court filings. Confirm current bar status at mebaroverseers.org.

Notice Requirements: Service is made through the Maine eCourts system for registered users. For unrepresented parties, service by mail or personal delivery is required pursuant to M.R. Civ. P. 5.

Effect on Deadlines: Substitution does not automatically continue any scheduled hearing, conference, or trial date. Any request for additional time must be made by separate motion.

COURT CAPTION

STATE OF MAINE
[________________________________] COURT
[________________________________], ss.

[________________________________],
Plaintiff,

vs. Docket No. [________________________________]

[________________________________],
Defendant.

MOTION FOR SUBSTITUTION OF ATTORNEY
(M.R. Civ. P. 89)

MOTION FOR SUBSTITUTION OF ATTORNEY

NOW COMES [________________________________] (the "Party"), by and through undersigned counsel, and respectfully moves this Court pursuant to Maine Rule of Civil Procedure 89 for an Order approving the substitution of [________________________________] (Maine Bar No. [________________________________]) as counsel of record in the above-captioned matter, in place of [________________________________] (Maine Bar No. [________________________________]).

In support of this Motion, the parties state:

1. [________________________________] (withdrawing counsel) has represented [________________________________] ([Plaintiff / Defendant]) in this matter since [__/__/____].

2. [________________________________] (substituting counsel) has agreed to accept representation of [________________________________] in this matter.

3. The party consents to this substitution as evidenced by signature below.

4. This substitution will not delay any scheduled proceedings ☐ OR the following scheduling adjustment is proposed: [________________________________].

5. The withdrawal and substitution are made for the following reason(s):
   ☐ Client has retained new counsel
   ☐ Mutual agreement of attorneys and client
   ☐ Other: [________________________________]

WHEREFORE, the parties respectfully request that this Court enter an Order approving the substitution of counsel.

SECTION 1: WITHDRAWING ATTORNEY INFORMATION

Full Name: [________________________________]
Maine Board of Overseers Bar Number: [________________________________]
Law Firm / Organization: [________________________________]
Mailing Address: [________________________________]
City, State, ZIP: [________________________________], Maine [____]
Telephone: ([____]) [____]-[____]
Fax: ([____]) [____]-[____]
Email Address: [________________________________]
Maine eCourts Service Email: [________________________________]

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

Withdrawing Attorney Representations:
☐ The client has been notified of and consents to this substitution
☐ All client files, documents, and property will be transferred to substituting counsel promptly
☐ Trust account funds will be handled per Maine Rules of Professional Conduct 1.15 and 1.16(d)
☐ All pending court dates, discovery deadlines, and pretrial obligations have been disclosed to substituting counsel
☐ Compliance with Maine Bar Rule 3.5 regarding termination of representation has been achieved

SECTION 2: SUBSTITUTING ATTORNEY INFORMATION

Full Name: [________________________________]
Maine Board of Overseers Bar Number: [________________________________]
Law Firm / Organization: [________________________________]
Mailing Address: [________________________________]
City, State, ZIP: [________________________________], Maine [____]
Telephone: ([____]) [____]-[____]
Fax: ([____]) [____]-[____]
Email Address: [________________________________]
Maine eCourts Service Email: [________________________________]

Substituting Attorney Representations:
☐ I am duly licensed and in good standing with the Board of Overseers of the Bar
☐ I have reviewed the case file and am familiar with the status of this litigation
☐ I accept this representation effective upon Court approval of this Motion
☐ I will immediately update my appearance in Maine eCourts upon approval
☐ I am aware of all pending court dates, deadlines, and discovery obligations

Pending Hearings / Deadlines:

SECTION 3: CLIENT CONSENT

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

☐ Consent to the withdrawal of [________________________________] (Maine Bar No. [________________________________]) as my attorney of record.
☐ Consent to the substitution of [________________________________] (Maine Bar No. [________________________________]) as my new attorney of record.
☐ Acknowledge that I have been informed of all pending court dates and deadlines.
☐ Understand that this substitution does not automatically continue any scheduled hearing or trial date.
☐ Authorize the complete transfer of my case file and all related materials to substituting counsel.
☐ Acknowledge that this substitution is subject to Court approval per M.R. Civ. P. 89.

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 consent to this substitution in compliance with Maine Rule of Civil Procedure 89 and Maine Bar Rule 3.5.

Signature: [________________________________]

Printed Name: [________________________________]

Maine Bar No.: [________________________________]

Date: [__/__/____]

Substituting Attorney

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

Signature: [________________________________]

Printed Name: [________________________________]

Maine Bar No.: [________________________________]

Date: [__/__/____]

SECTION 5: MOTION TO WITHDRAW (No Substitute Attorney)

Complete this section ONLY if no substitute attorney is entering.

STATE OF MAINE
[________________________________] COURT, [________________________________], ss.

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

MOTION TO WITHDRAW APPEARANCE

COMES NOW [________________________________] (Maine Bar No. [________________________________]), counsel for [________________________________] ([Plaintiff / Defendant]), and moves for leave to withdraw pursuant to Maine Rule of Civil Procedure 89 and Maine Rules of Professional Conduct Rule 1.16, stating:

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

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

3. Client ☐ has been ☐ has not been notified of this motion.
   Date and method: [________________________________]
   Client's last known contact:
   [________________________________]
   [________________________________], Maine [____]
   Phone: ([____]) [____]-[____]
   Email: [________________________________]

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

5. Counsel will comply with Maine Rules of Professional Conduct 1.16(d) to minimize prejudice, including prompt return of client papers and unearned fees.

WHEREFORE, undersigned counsel respectfully requests leave to withdraw.

[________________________________] (Maine Bar No. [________________________________])
[________________________________]
[________________________________], Maine [____]
([____]) [____]-[____]
[________________________________]
Date: [__/__/____]

SECTION 6: ORDER APPROVING SUBSTITUTION OF ATTORNEY

STATE OF MAINE
[________________________________] COURT, [________________________________], ss.

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

ORDER APPROVING SUBSTITUTION OF ATTORNEY

The Court having considered the Motion for Substitution of Attorney filed herein, and finding good cause:

IT IS HEREBY ORDERED:

1. The substitution of [________________________________] (Maine Bar No. [________________________________]) as attorney of record for [________________________________] ([Plaintiff / Defendant]), in place of [________________________________] (Maine Bar No. [________________________________]), is hereby APPROVED.

2. Future pleadings, notices, and orders shall be directed to substituting counsel at the address set forth herein:
   [________________________________]
   [________________________________], Maine [____]

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

SO ORDERED.

Date: [__/__/____]

[________________________________]
Justice / Judge, [________________________________] Court
[________________________________] County, Maine

SECTION 7: CERTIFICATE OF SERVICE

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

Signature: [________________________________]

Printed Name: [________________________________]

Maine Bar No.: [________________________________]

Date: [__/__/____]

PRACTICE NOTES — MAINE

1. Court Approval Generally Required: Unlike some states, Maine's M.R. Civ. P. 89 generally requires court approval for withdrawal or substitution when a case is pending. Even in consensual substitutions, file the Motion and Proposed Order to obtain formal court approval.

2. Maine eCourts System: Maine has transitioned to eCourts (Odyssey). All court filings must be made electronically. After the court approves the substitution, ensure the substituting attorney is properly registered in the eCourts system for the case.

3. Board of Overseers Bar Number: Maine attorneys are registered with the Board of Overseers of the Bar. Confirm current good standing at mebaroverseers.org before filing.

4. Maine Bar Rule 3.5 / MRPC 1.16: Withdrawal obligations under Maine Bar Rule 3.5 are substantively equivalent to Model Rule 1.16. Courts expect compliance with these obligations before approving withdrawal.

5. No Automatic Continuance: Court approval of a substitution does not automatically continue any pending hearing or trial date. File a separate motion for continuance if needed.

6. Pro Hac Vice Attorneys: Out-of-state attorneys appearing pro hac vice in Maine must also comply with Maine Bar Rule 12 (Temporary Practice). Pro hac vice admission is case-specific and must be renewed if needed.

7. Trust Account and File Transfer: Under MRPC 1.16(d), the withdrawing attorney must return client papers, property, and any unearned fees. Obtain written confirmation of file receipt.

8. Superior Court vs. District Court: The procedural nuances may vary between Superior Court and District Court in Maine. Confirm which court and division the case is in, and check any applicable division-specific standing orders.

Sources and References:

• Maine Rule of Civil Procedure 89: courts.maine.gov/rules/rules-civil.html
• Maine Bar Rules (Rule 3.5): mebaroverseers.org
• Maine Rules of Professional Conduct: mebaroverseers.org
• Maine eCourts: courts.maine.gov/online-services/ecourts
• Board of Overseers of the Bar: mebaroverseers.org