Substitution of Attorney

SUBSTITUTION OF ATTORNEY — MISSISSIPPI STATE COURT

JURISDICTION AND PROCEDURAL OVERVIEW

Governing Rules: Mississippi Rules of Civil Procedure Rule 11(b) requires that every pleading, motion, or other paper filed by an attorney be signed with the attorney's name, Mississippi Bar number, address, and telephone number. Mississippi Rules of Professional Conduct Rule 1.16 governs withdrawal from representation. The Uniform Civil Rules of Circuit and County Court Practice contain additional procedural requirements applicable to circuit and county courts.

Court Approval: Mississippi distinguishes between consensual and non-consensual substitutions:

• Consensual substitution (client, withdrawing attorney, and new attorney all agree): Typically accomplished by filing a Consent Order or Agreed Notice of Substitution. Most Mississippi circuit and chancery courts require a court order even for consensual substitutions, which is obtained by submitting a proposed agreed order to the judge.
• Non-consensual withdrawal (attorney seeks to withdraw without client consent or with client objection): Requires a motion, notice to the client, and a court order. The court may deny withdrawal if it would substantially harm the client's interests or prejudice the administration of justice.

Chancery Court vs. Circuit Court: Mississippi has two primary trial courts of general jurisdiction:

• Chancery Court: Handles equity matters, probate, domestic relations, and real property. Governed by the Mississippi Chancery Court Rules.
• Circuit Court: Handles law matters including civil lawsuits and criminal cases. Governed by the Uniform Civil Rules of Circuit and County Court Practice.
• Select the correct court designation in the caption. Substitution procedures are substantially similar but confirm with local chancery rules.

Mississippi Bar Number Format: Mississippi Bar numbers (MSB numbers) are assigned by The Mississippi Bar and typically appear as a 4- to 6-digit number (e.g., 9876 or 102345). The MSB number must appear on all filings per Miss. R. Civ. P. 11(b).

E-Filing System (MEC): The Mississippi Electronic Court System (MEC) is the statewide e-filing platform. MEC is optional but adopted by court rule in many chancery and circuit courts. Where a court has adopted MEC, attorneys must follow MEC procedures for filing and service. After substitution, the new attorney must register with MEC for the case and the withdrawing attorney should be removed from e-service notifications.

Pending Deadlines: A substitution does not stay, toll, or extend any pending deadlines, discovery cutoffs, trial settings, or hearing dates. New counsel must immediately review the docket and seek continuances if warranted.

COURT CAPTION

Select applicable court:

☐ IN THE CHANCERY COURT OF [________________________________] COUNTY, MISSISSIPPI

☐ IN THE CIRCUIT COURT OF [________________________________] COUNTY, MISSISSIPPI

☐ IN THE COUNTY COURT OF [________________________________] COUNTY, MISSISSIPPI

[________________________________] Judicial District

[________________________________],
Plaintiff,

vs. Cause No. [____________________]

[________________________________],
Defendant.

NOTICE OF SUBSTITUTION OF ATTORNEY / CONSENT ORDER OF SUBSTITUTION

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

Party Name: [________________________________]

I. NOTICE OF SUBSTITUTION

COMES NOW [________________________________] ("Substituting Attorney"), and hereby files this Notice of Substitution of Attorney pursuant to Miss. R. Civ. P. 11(b), Miss. R. Prof. Conduct 1.16, and applicable uniform court rules, giving notice that [________________________________] ("Substituting Attorney") is substituted as attorney of record for [________________________________] ("Client") in the above-captioned matter, in place of [________________________________] ("Withdrawing Attorney").

☐ This substitution is consensual; all parties listed below have consented and executed this document. A proposed Consent Order of Substitution is attached for the Court's signature.

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

☐ A motion for substitution/withdrawal is being filed contemporaneously herewith (non-consensual substitution).

II. WITHDRAWING ATTORNEY INFORMATION

Full Name: [________________________________]

Mississippi Bar Number (MSB No.): [____________________]

Law Firm / Organization: [________________________________]

Street Address: [________________________________]

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

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

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

Email Address (Primary for Service): [________________________________]

MEC Login / E-Filing Email: [________________________________]

III. SUBSTITUTING (NEW) ATTORNEY INFORMATION

Full Name: [________________________________]

Mississippi Bar Number (MSB No.): [____________________]

Law Firm / Organization: [________________________________]

Street Address: [________________________________]

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

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

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

Email Address (Primary for Service): [________________________________]

MEC Login / E-Filing 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.
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 no pending deadlines are automatically continued by reason of this substitution.
6. I have received or will receive from withdrawing counsel all client files, documents, and property to which I am entitled under Miss. R. Prof. Conduct 1.16(d).
7. I understand that any fee arrangements between myself and new counsel are separate from any obligations I may have to withdrawing counsel.

Client Signature: [________________________________]

Printed Name: [________________________________]

Date: [__/__/____]

V. ATTORNEY CERTIFICATIONS

A. Withdrawing Attorney Certification

I, [________________________________], MSB No. [____________________], certify that:

1. I am withdrawing as attorney of record for [________________________________] in the above-captioned cause.
2. I have provided the client with reasonable notice of this withdrawal.
3. I have provided or will promptly provide to the client or new counsel the client's complete file, all original documents, and all materials to which the client is entitled.
4. I have notified substituting counsel of all pending deadlines, hearing dates, trial settings, and outstanding discovery obligations as of the date of this filing.
5. My withdrawal complies with Miss. R. Prof. Conduct 1.16, including subdivision (d) regarding protection of client interests.
6. ☐ There are no outstanding fee disputes between myself and the client.
7. ☐ A fee dispute exists and is being addressed separately. (Do not detail in this filing.)

Signature of Withdrawing Attorney: [________________________________]

Printed Name: [________________________________]

MSB No.: [____________________]

Date: [__/__/____]

B. Substituting Attorney Certification

I, [________________________________], MSB No. [____________________], certify that:

1. I am entering as attorney of record for [________________________________] in the above-captioned cause.
2. I have reviewed the case docket and am aware of all pending deadlines, hearings, and outstanding obligations.
3. I am a member of The Mississippi Bar in good standing.
4. I accept responsibility for all future filings, appearances, and obligations in this matter.
5. I have registered or will immediately register with the MEC e-filing system for this case where MEC has been adopted by the court.

Signature of Substituting Attorney: [________________________________]

Printed Name: [________________________________]

MSB No.: [____________________]

Date: [__/__/____]

VI. SUBSTITUTION CHECKLIST

New Attorney — Entering Appearance

☐ Confirmed Mississippi Bar number is current and active (verify at msbar.org)
☐ Registered with MEC e-filing system if this court uses MEC (courts.ms.gov/mec)
☐ Added to MEC service list for this cause number
☐ Reviewed full case docket and all filed documents
☐ Obtained complete client file from withdrawing attorney
☐ Calendared all pending deadlines, hearings, and trial settings
☐ Reviewed scheduling order and any standing orders from the presiding judge
☐ Checked local chancery or circuit court rules for the specific county
☐ Reviewed outstanding discovery requests, depositions, and response deadlines
☐ Notified opposing counsel of entry of appearance
☐ Confirmed client's signed consent to substitution
☐ Determined whether Chancery or Circuit Court requires a proposed consent order
☐ Filed Notice of Substitution / Consent Order with the clerk

Withdrawing Attorney — Exiting Representation

☐ Provided complete client file to client or new counsel
☐ Returned all original documents, physical evidence, and exhibits to client
☐ Addressed 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 MEC service notifications for this cause
☐ Completed all outstanding duties that cannot be abandoned mid-matter
☐ Complied with Miss. R. Prof. Conduct 1.16(d) regarding client property transition

Chancery Court Specific Steps

☐ Determined whether the presiding chancellor requires a proposed consent order
☐ Submitted proposed Consent Order of Substitution to chancellor's office
☐ Obtained entered order and filed with chancery clerk
☐ Confirmed chancery clerk updated the docket with new attorney information

Administrative and Court Steps

☐ Filed Notice/Consent Order with the clerk of [____] County [Circuit/Chancery] Court
☐ Paid any required filing fee (verify with clerk)
☐ Served all opposing counsel and self-represented parties
☐ Updated MEC service list to reflect new attorney
☐ Removed withdrawing attorney from MEC email service list
☐ Confirmed court's receipt and docketing of substitution

VII. PROPOSED CONSENT ORDER OF SUBSTITUTION

(Required in most Mississippi circuit and chancery courts)

Select applicable court:

☐ IN THE CHANCERY COURT OF [________________________________] COUNTY, MISSISSIPPI

☐ IN THE CIRCUIT COURT OF [________________________________] COUNTY, MISSISSIPPI

[________________________________] Judicial District

[________________________________],
Plaintiff,

vs. Cause No. [____________________]

[________________________________],
Defendant.

CONSENT ORDER OF SUBSTITUTION OF ATTORNEY

THIS MATTER having come before the Court upon the consent of the parties and their counsel, and the Court being advised in the premises and finding good cause to exist;

IT IS HEREBY ORDERED AND ADJUDGED that:

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

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

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

4. No pending deadlines, discovery cutoffs, or hearing dates are extended or stayed 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 AND ADJUDGED this [____] day of [________________________________], 20[____].

[________________________________]
☐ Chancellor ☐ Circuit Court Judge ☐ County Court Judge
[________________________________] County, Mississippi

VIII. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Notice of Substitution of Attorney, Consent Order, and all attachments was served upon all parties and counsel of record in this matter via the methods indicated below, in accordance with Miss. R. Civ. P. 5(b):

Signature of Person Serving: [________________________________]

Printed Name: [________________________________]

MSB No.: [____________________]

Date of Service: [__/__/____]

IX. PRACTICE NOTES AND STATE-SPECIFIC GUIDANCE

MEC E-Filing System: The Mississippi Electronic Court System (MEC) is operated through the Mississippi judiciary (courts.ms.gov/mec). MEC is optional statewide but mandatory in courts that have adopted it by local rule. Check courts.ms.gov to determine whether the specific court uses MEC. Where MEC is adopted, all pleadings and papers must be filed and served through MEC unless the court permits otherwise.

Chancery Court Note: Mississippi Chancery Courts have equitable jurisdiction and procedural practices that may differ from circuit courts. Many chancellors require a formal Consent Order (rather than a mere notice) for any change of counsel. Always call the chancellor's office or check local rules before filing.

Circuit Court Note: The Uniform Civil Rules of Circuit and County Court Practice (UCRCCC) govern civil procedure in circuit and county courts. Rule 1.10 addresses representation. Some circuit court judges have standing orders addressing substitution procedures; check the judge's webpage or standing orders.

MSB Bar Number: Mississippi Bar numbers are issued by The Mississippi Bar (msbar.org). Verify bar status and number at the Mississippi Bar's online directory. The MSB number is required on all filed documents under Miss. R. Civ. P. 11(b).

Rule 1.16(d) Obligations: Withdrawing counsel must take steps reasonably practicable to protect the client's interests, including: (1) giving reasonable notice to the client; (2) allowing time for employment of other counsel; (3) surrendering papers and property to which the client is entitled; and (4) refunding any advance payment not yet earned.

Pending Hearings and Trial Dates: Substitution alone does not automatically continue any date. If new counsel needs additional time to prepare, file a motion for continuance promptly. Mississippi courts expect new counsel to be prepared at the next scheduled date unless a continuance is granted.

X. SOURCES AND REFERENCES

• Mississippi Rules of Civil Procedure: courts.ms.gov
• Mississippi Rules of Professional Conduct: courts.ms.gov
• Uniform Civil Rules of Circuit and County Court Practice: courts.ms.gov
• MEC Forms and Filing Events: courts.ms.gov/mec
• The Mississippi Bar: msbar.org