Substitution of Attorney

SUBSTITUTION OF ATTORNEY — MISSOURI STATE COURT

JURISDICTION AND PROCEDURAL OVERVIEW

Governing Rules: Missouri Supreme Court Rule 55.03 governs signing of all pleadings and papers, which requires that every filed document bear the signature of at least one attorney of record with Missouri Bar number. Missouri Rules of Professional Conduct Rule 4-1.16 governs withdrawal and termination of representation.

Court Approval: Missouri does not have a single, universally applicable rule mandating court approval for consensual substitution of counsel. In practice:

• Consensual substitutions (where the client, outgoing attorney, and incoming attorney all agree) are typically filed as a Notice of Substitution and become effective upon filing without a court order.
• Non-consensual withdrawals (where the client objects or the attorney seeks to withdraw unilaterally) require a motion, a hearing, and a court order under Rule 4-1.16.
• Some circuit courts have local rules requiring a proposed order even for consensual substitutions. Check local rules for the specific circuit.

Missouri Bar Number Format: Missouri Bar numbers are assigned by The Missouri Bar and typically appear as a 5- or 6-digit number (e.g., 12345 or 123456). The number must appear on all filed documents per Rule 55.03.

E-Filing System: Missouri uses the eFlex electronic filing system (courts.mo.gov) for most circuit courts. After substitution is filed, the new attorney must update the eFlex/Case.net service list and withdraw the former attorney from e-service notifications.

Pending Deadlines: A substitution does not automatically extend any pending deadlines, discovery cutoffs, or hearing dates. New counsel must review the docket immediately and seek continuances if additional time is needed.

COURT CAPTION

IN THE CIRCUIT COURT OF [________________________________] COUNTY, MISSOURI

[________________________________] Division

[________________________________],
Plaintiff,

vs. Case No. [____________________]

[________________________________],
Defendant.

NOTICE OF SUBSTITUTION OF ATTORNEY

Party Represented: ☐ Plaintiff ☐ Defendant ☐ Third-Party Plaintiff ☐ Third-Party Defendant ☐ Other: [________________________________]

Party Name: [________________________________]

I. NOTICE OF SUBSTITUTION

COMES NOW [________________________________] ("Substituting Attorney"), and hereby files this Notice of Substitution of Attorney pursuant to Missouri Supreme Court Rule 55.03 and Missouri Rules of Professional Conduct Rule 4-1.16, giving notice that [________________________________] ("Substituting Attorney") is substituted as attorney of record for [________________________________] ("Client") in the above-captioned matter, in place of [________________________________] ("Withdrawing Attorney"), effective upon the filing of this Notice.

☐ This substitution is consensual; all parties listed below have consented and executed this document.

☐ This substitution is pursuant to court order dated [__/__/____] (attached hereto as Exhibit A).

II. WITHDRAWING ATTORNEY INFORMATION

Full Name: [________________________________]

Missouri Bar Number: [____________________]

Law Firm / Organization: [________________________________]

Street Address: [________________________________]

City, State, ZIP: [________________________________], Missouri [________]

Telephone: ([____]) [____]-[________]

Facsimile: ([____]) [____]-[________]

Email Address (Primary for Service): [________________________________]

eFlex / Case.net Login Email: [________________________________]

III. SUBSTITUTING (NEW) ATTORNEY INFORMATION

Full Name: [________________________________]

Missouri Bar Number: [____________________]

Law Firm / Organization: [________________________________]

Street Address: [________________________________]

City, State, ZIP: [________________________________], Missouri [________]

Telephone: ([____]) [____]-[________]

Facsimile: ([____]) [____]-[________]

Email Address (Primary for Service): [________________________________]

eFlex / Case.net Login Email: [________________________________]

IV. CLIENT IDENTIFICATION AND CONSENT

Client / Party Name: [________________________________]

Client Mailing Address: [________________________________]

City, State, ZIP: [________________________________]

Client Telephone: ([____]) [____]-[________]

I, the undersigned Client, hereby state and confirm:

1. I have been informed of and understand the nature of this substitution of counsel.
2. I consent to the withdrawal of [________________________________] as my attorney in this matter.
3. I consent to the substitution of [________________________________] as my attorney of record effective upon filing of this Notice.
4. I understand that this substitution does not alter, stay, or extend any pending deadlines, hearing dates, or court orders in this case.
5. I have been advised that I am responsible for keeping my new attorney informed of all case developments and of my current contact information.
6. I have received or will receive from withdrawing counsel all client files, documents, and property to which I am entitled under Missouri Rules of Professional Conduct Rule 4-1.16(d).

Client Signature: [________________________________]

Printed Name: [________________________________]

Date: [__/__/____]

V. AUTHORIZATION AND ACKNOWLEDGMENT

A. Withdrawing Attorney Certification

I, [________________________________], Missouri Bar No. [____________________], certify that:

1. I am withdrawing as attorney of record for [________________________________] in the above-captioned case.
2. I have notified the client of this substitution.
3. I have provided or will promptly provide the client's file, work product, and all materials to which the client is entitled.
4. I have notified [________________________________] (Substituting Attorney) of all pending deadlines, hearing dates, trial settings, and outstanding discovery obligations as of the date of this filing.
5. My withdrawal complies with Missouri Rules of Professional Conduct Rule 4-1.16.

Signature of Withdrawing Attorney: [________________________________]

Printed Name: [________________________________]

Missouri Bar Number: [____________________]

Date: [__/__/____]

B. Substituting Attorney Certification

I, [________________________________], Missouri Bar No. [____________________], certify that:

1. I am entering as attorney of record for [________________________________] in the above-captioned case effective upon filing of this Notice.
2. I have reviewed the case docket and am aware of all pending deadlines, hearings, and outstanding obligations.
3. I am licensed and in good standing with The Missouri Bar.
4. I accept responsibility for all future filings, appearances, and obligations in this matter.
5. I have registered or will immediately register with the eFlex electronic filing system and update Case.net service preferences.

Signature of Substituting Attorney: [________________________________]

Printed Name: [________________________________]

Missouri Bar Number: [____________________]

Date: [__/__/____]

VI. SUBSTITUTION CHECKLIST

New Attorney — Entering Appearance

☐ Confirmed Missouri Bar number is current and active (verify at mobar.org)
☐ Registered with Missouri eFlex filing system (courts.mo.gov)
☐ Added as attorney on Case.net/eFlex service list for this case
☐ Reviewed entire case docket on Case.net
☐ Obtained complete client file from withdrawing attorney
☐ Calendared all pending deadlines, hearings, and trial settings
☐ Confirmed scheduling order and any standing orders from the judge
☐ Checked local circuit court rules for the specific county
☐ Reviewed any outstanding discovery requests and response deadlines
☐ Notified opposing counsel of entry of appearance
☐ Obtained client's signed consent to substitution
☐ Filed Notice of Substitution with the circuit court

Withdrawing Attorney — Exiting Representation

☐ Provided complete client file to client or new counsel
☐ Returned all original documents and evidence to client
☐ Addressed any outstanding fee agreements, liens, or retainer balances
☐ Confirmed client has new counsel's contact information
☐ Notified all opposing parties and counsel of withdrawal
☐ Removed self from eFlex/Case.net service notifications
☐ Completed all outstanding duties that cannot be abandoned mid-matter
☐ Complied with Rule 4-1.16(d) regarding client property transition
☐ Confirmed no pending motions require immediate response by withdrawing attorney

Administrative and Court Steps

☐ Filed Notice or Motion with the clerk of the Circuit Court of [____] County
☐ Paid any required filing fee (verify with clerk — often no fee for notice)
☐ Served all opposing counsel and self-represented parties
☐ Updated Case.net service list to reflect new attorney
☐ Removed withdrawing attorney from eFlex email service list
☐ Confirmed court's receipt and docketing of substitution
☐ Obtained court order if required by local rules or judge's standing orders
☐ Notified court coordinator of any upcoming hearings to confirm new attorney attendance

VII. PROPOSED ORDER GRANTING SUBSTITUTION

(Include when court approval is requested or required by local rules)

IN THE CIRCUIT COURT OF [________________________________] COUNTY, MISSOURI

[________________________________] Division

[________________________________],
Plaintiff,

vs. Case No. [____________________]

[________________________________],
Defendant.

ORDER GRANTING SUBSTITUTION OF ATTORNEY

THIS MATTER having come before the Court upon the Notice/Motion of Substitution of Attorney filed on behalf of [________________________________], and the Court having reviewed the filing and being duly advised in the premises;

IT IS HEREBY ORDERED that:

1. [________________________________], Missouri Bar No. [____________________], is hereby substituted as attorney of record for [________________________________] in the above-captioned matter.

2. [________________________________], Missouri Bar No. [____________________], is hereby permitted to withdraw as attorney of record for [________________________________] in the above-captioned matter and is relieved of further duties herein, except as otherwise required by the Missouri Rules of Professional Conduct.

3. All future notices, orders, and correspondence in this case shall be directed to substituting counsel at the address listed in the Notice of Substitution.

4. No pending deadlines, discovery cutoffs, or hearing dates are extended by reason of this substitution unless separately ordered by this Court.

5. ☐ The following upcoming hearing/deadline is CONTINUED to [__/__/____] to allow new counsel reasonable time to prepare: [________________________________].

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

[________________________________]
[________________________________], Circuit Judge / Associate Circuit Judge
[________________________________] Judicial Circuit, [________________________________] County, Missouri

VIII. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Notice of Substitution of Attorney and all attachments was served upon all parties and counsel of record in this matter via the methods indicated below, in accordance with Missouri Supreme Court Rule 43.01:

Signature of Person Serving: [________________________________]

Printed Name: [________________________________]

Date of Service: [__/__/____]

IX. PRACTICE NOTES AND STATE-SPECIFIC GUIDANCE

Missouri eFlex Filing: The eFlex system (courts.mo.gov) is the primary e-filing platform for Missouri circuit courts. After filing the substitution, the new attorney must log into eFlex, locate the case, and update the service list. The withdrawing attorney should be removed from the service list to avoid receiving future notifications. Case.net is the public docket viewer; eFlex is the filing portal.

Local Court Rules: Missouri's 45 circuit courts may have local rules that supplement the Supreme Court Rules. Notably, some circuits require a proposed order even for consensual substitutions, while others accept a notice alone. Always check the local rules for the specific circuit before filing. Clay County and other urban circuits publish their local rules at their respective court websites.

Missouri Bar Number: Missouri Bar numbers are issued by The Missouri Bar (mobar.org). Attorneys can verify their bar number and standing at the Missouri Bar's online directory. The bar number must appear on all filings under Rule 55.03.

Rule 4-1.16(d) Obligations: Regardless of the circumstances of the substitution, withdrawing counsel must take reasonable steps to protect the client's interests, including giving reasonable notice, surrendering papers and property to which the client is entitled, and refunding any advance payment that has not been earned.

Pending Hearings and Trial Dates: A substitution does not automatically continue any hearing or trial date. If new counsel needs additional time to prepare, a separate motion for continuance must be filed promptly. Courts may be less sympathetic to continuance requests if substitution occurs close to trial.

Fee Disputes: If there is a dispute over fees between client and withdrawing attorney, consider whether a charging lien has been or should be asserted. Address fee disputes separately from the substitution filing.

X. SOURCES AND REFERENCES

• Missouri Supreme Court Rules: courts.mo.gov
• Missouri Rules of Professional Conduct: mobar.org
• Missouri eFlex E-Filing: courts.mo.gov
• Case.net Public Docket: casenet.courts.mo.gov
• Missouri Bar Attorney Directory: mobar.org