Substitution of Attorney

SUBSTITUTION OF ATTORNEY — MICHIGAN STATE COURT

FILING CHECKLIST

☐ New attorney entering appearance as counsel of record
☐ Withdrawing attorney withdrawing from representation
☐ Court order required — see MCR 2.117(C)(2) (required except for limited scope appearances)
☐ Client consent obtained and documented
☐ All parties and counsel of record served
☐ MiFILE e-filing system updated — new attorney's Appearance filed
☐ MiFILE service contacts updated; withdrawing attorney removed
☐ P-number (Michigan attorney P-number) confirmed for both attorneys
☐ Proposed Order / Stipulated Order included
☐ Certificate of Service completed
☐ Client file and trust account matters addressed per MRPC 1.16
☐ SCAO-approved form MC 306 (Substitution of Attorney) used or this comprehensive template used

MICHIGAN PROCEDURAL OVERVIEW

Governing Rule: MCR 2.117 governs appearances and the withdrawal and substitution of attorneys in Michigan circuit court and other courts. Michigan is significant in that, under MCR 2.117(C)(2), an attorney who has entered a general appearance may withdraw or be substituted "only on order of the court."

Court Order Required for General Appearances:
Under MCR 2.117(C)(2), an attorney with a general appearance of record may withdraw or be substituted only upon court order. In practice, courts routinely grant stipulated orders for substitution when all parties (withdrawing attorney, substituting attorney, and client) agree and the substitution is signed by all. The SCAO-approved MC 306 form is available for this purpose.

Exception — Limited Scope Appearances (MCR 2.117(B)(2)(c)):
An attorney who entered a limited scope appearance may withdraw by filing a Notice of Withdrawal from Limited Scope Appearance (SCAO form MC 517) without a court order. The notice is effective immediately upon filing if signed by the client, or 14 days after filing if not signed by the client.

SCAO Form MC 306: The Michigan State Court Administrative Office (SCAO) has an approved Substitution of Attorney form (MC 306). Use of this form satisfies MCR 2.117 requirements. This comprehensive template serves the same purpose with additional practice guidance.

MiFILE E-Filing: Michigan courts use MiFILE (the statewide e-filing portal). All attorney filings must be made through MiFILE. Documents must be electronically signed and comply with MCR 1.109(E). If a document is not properly signed, it will be rejected.

P-Number: Michigan attorneys have a unique "P-number" assigned by the State Bar of Michigan. This must appear on all court filings. Verify current status at sbm.org.

Service: Service is effected through MiFILE's e-service feature for registered users. For parties not registered in MiFILE, service by mail or personal delivery is required under MCR 2.107.

Effect on Pending Deadlines: Court approval of a substitution does not automatically extend any pending deadlines or continue any hearing or trial date. File a motion for extension or continuance separately if needed.

COURT CAPTION

STATE OF MICHIGAN
[________________________________] COURT, [________________________________] COUNTY

[________________________________],
Plaintiff,

vs. Case No. [________________________________]

[________________________________],
Defendant.

STIPULATION AND ORDER FOR SUBSTITUTION OF ATTORNEY
(MCR 2.117(C)(2) / SCAO Form MC 306)

NOTICE OF SUBSTITUTION OF ATTORNEY

PLEASE TAKE NOTICE that, pursuant to MCR 2.117(C)(2), the parties hereby stipulate to the substitution of [________________________________] (P-[________________________________]) as attorney of record for [________________________________] ([Plaintiff / Defendant]) in the above-captioned action, in place of [________________________________] (P-[________________________________]).

This substitution is subject to Court approval as required by MCR 2.117(C)(2).

Party Substituting Counsel:

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

SECTION 1: WITHDRAWING ATTORNEY INFORMATION

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

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

Withdrawing Attorney Representations:
☐ The client has been notified of and consents to this substitution
☐ The client has provided written consent to this substitution
☐ All client files, documents, and property will be transferred to substituting counsel promptly
☐ Trust account funds will be handled per MRPC 1.16(d) and MRPC 1.15
☐ All pending court dates, discovery deadlines, and scheduling order obligations have been disclosed to substituting counsel
☐ I have updated MiFILE to remove my e-service registration from this case (or will do so upon entry of the Order)

SECTION 2: SUBSTITUTING ATTORNEY INFORMATION

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

Substituting Attorney Representations:
☐ I am licensed and in good standing with the State Bar of Michigan
☐ I have reviewed the case file and am familiar with the current posture of this litigation
☐ I accept this representation effective upon entry of a Court Order approving this substitution
☐ I have registered (or will immediately register) in MiFILE for e-service on this case
☐ I am aware of all pending court dates, discovery deadlines, and scheduling order obligations

Pending Court Dates / Deadlines:

SECTION 3: CLIENT CONSENT

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

☐ Consent to the withdrawal of [________________________________] (P-[________________________________]) as my attorney of record.
☐ Consent to the substitution of [________________________________] (P-[________________________________]) as my new attorney 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 materials to substituting counsel.
☐ Understand that this substitution requires Court approval under MCR 2.117(C)(2).

Client Signature: [________________________________]

Printed Name: [________________________________]

Date: [__/__/____]

Mailing Address (for Court Records): [________________________________]
City, State, ZIP: [________________________________]
Telephone: ([____]) [____]-[____]
Email: [________________________________]

SECTION 4: STIPULATION SIGNATURES

Withdrawing Attorney

I stipulate to the foregoing substitution and certify that the information in Section 1 is true and accurate.

Signature: [________________________________]

Printed Name: [________________________________]

Michigan State Bar P-Number: P-[________________________________]

Date: [__/__/____]

Substituting Attorney

I stipulate to the foregoing substitution and certify that the information in Section 2 is true and accurate.

Signature: [________________________________]

Printed Name: [________________________________]

Michigan State Bar P-Number: P-[________________________________]

Date: [__/__/____]

SECTION 5: MOTION FOR ORDER OF WITHDRAWAL (No Substitute Attorney)

Complete this section ONLY if no substitute attorney is entering and a motion for court order is required under MCR 2.117(C)(2).

STATE OF MICHIGAN
[________________________________] COURT, [________________________________] COUNTY

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

MOTION FOR ORDER OF WITHDRAWAL OF ATTORNEY

COMES NOW [________________________________] (P-[________________________________]), attorney of record for [________________________________] ([Plaintiff / Defendant]), and moves this Court for an Order of Withdrawal pursuant to MCR 2.117(C)(2) and Michigan Rules of Professional Conduct Rule 1.16, stating:

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

2. Grounds for withdrawal:
   ☐ Client has discharged the attorney
   ☐ Irreconcilable breakdown of attorney-client relationship
   ☐ Client has failed to fulfill financial obligations
   ☐ Continued representation would violate MRPC
   ☐ Other: [________________________________]

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

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

5. Undersigned will comply with MRPC 1.16(d) to minimize prejudice: providing reasonable notice, allowing time for substitute counsel, returning client files, and refunding unearned fees as applicable.

WHEREFORE, undersigned counsel requests a Court Order of Withdrawal.

[________________________________] (P-[________________________________])
[________________________________]
[________________________________], Michigan [____]
([____]) [____]-[____]
[________________________________]
Date: [__/__/____]

SECTION 6: ORDER FOR SUBSTITUTION OF ATTORNEY

STATE OF MICHIGAN
[________________________________] COURT, [________________________________] COUNTY

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

ORDER FOR SUBSTITUTION OF ATTORNEY

At a session of the [________________________________] Court, held in the [________________________________] County Courthouse, [________________________________], Michigan, on [__/__/____].

PRESENT: HON. [________________________________], [________________________________] Court Judge.

Upon the Stipulation of the parties for substitution of attorney, and the Court being fully advised in the premises:

IT IS HEREBY ORDERED:

1. [________________________________] (P-[________________________________]) of [________________________________] is hereby SUBSTITUTED as attorney of record for [________________________________] ([Plaintiff / Defendant]) in this action.

2. [________________________________] (P-[________________________________]) of [________________________________] is hereby WITHDRAWN as attorney of record for [________________________________].

3. Future pleadings, motions, orders, and notices shall be served upon substituting counsel:
   [________________________________]
   [________________________________], Michigan [____]
   ([____]) [____]-[____]
   [________________________________]

4. The Clerk of the Court is directed to update the court's records accordingly.

5. ☐ All existing scheduling order deadlines, hearing dates, and trial date remain as set.
   ☐ The following modification to the scheduling order is entered: [________________________________]

[________________________________]
[________________________________] Court Judge
Date: [__/__/____]

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 MCR 2.107:

Signature: [________________________________]

Printed Name: [________________________________]

P-Number: P-[________________________________]

Date: [__/__/____]

PRACTICE NOTES — MICHIGAN

1. MCR 2.117(C)(2) — Court Order Required: Unlike many states, Michigan requires a court order for withdrawal or substitution of a general appearance. Even when all parties consent, the order must be submitted to and entered by the court. A stipulated order is the most efficient approach.

2. SCAO Form MC 306: Michigan has an approved form (MC 306, Substitution of Attorney) that may be used instead of this template. It is available at courts.michigan.gov. Both this template and the SCAO form satisfy MCR 2.117.

3. MiFILE E-Filing: All Michigan court filings must be made through MiFILE (the statewide e-filing system). Documents must be electronically signed per MCR 1.109(E). If a filing is not properly signed, it will be rejected.

4. P-Number: The Michigan State Bar assigns each attorney a unique P-number (e.g., P-12345). This must appear on all court filings. Confirm the substituting attorney's P-number and active status at sbm.org.

5. Limited Scope Exception: An attorney who entered under a limited scope appearance (MCR 2.117(B)(2)(c)) may withdraw without a court order by filing SCAO form MC 517 (Notice of Withdrawal from Limited Scope Appearance). This is effective immediately if client signs, or after 14 days if not.

6. MiFILE Service Contact Update: After the order is entered, update MiFILE to ensure the substituting attorney is on the case's e-service list and the withdrawing attorney is removed. Missed notices are a common problem when this step is overlooked.

7. Trust Account Compliance: Under MRPC 1.16(d) and 1.15, client funds must be accounted for and transferred. Michigan's State Bar Client Protection Fund requires IOLTA accounts. Document all transfers.

8. Family Division / Domestic Relations Cases: The Family Division may have supplemental local rules. In Wayne, Oakland, and Macomb County courts, check division-specific standing orders.

Sources and References:

• MCR 2.117: courts.michigan.gov (Michigan Court Rules)
• SCAO Form MC 306 (Substitution of Attorney): courts.michigan.gov/siteassets/forms/scao-approved/mc306.pdf
• MiFILE E-Filing: mifile.courts.mi.gov
• Michigan State Bar Attorney Search (P-number): sbm.org
• Michigan Rules of Professional Conduct 1.16: sbm.org