Substitution of Attorney

SUBSTITUTION OF ATTORNEY — NORTH CAROLINA STATE COURT

JURISDICTION AND PROCEDURAL OVERVIEW

Governing Rules: N.C. Gen. Stat. § 84-4.1 addresses counsel of record in North Carolina courts. The North Carolina Rules of Civil Procedure Rule 5 governs service. The General Rules of Practice for Superior and District Courts, Rule 16, addresses withdrawal of counsel. North Carolina Rules of Professional Conduct Rule 1.16 governs the ethical obligations of withdrawing counsel.

Court Approval: North Carolina practice regarding court approval:

• Consensual substitution (client, withdrawing attorney, and new attorney all agree): New counsel typically files a Notice of Appearance or Notice of Substitution of Counsel simultaneously with the withdrawing attorney's filing of a Notice of Withdrawal (or a combined document signed by all parties). In many North Carolina superior courts, a court order is not required for a mutually agreed substitution where new counsel is simultaneously entering. Some judges and local rules require a proposed consent order regardless.
• Non-consensual withdrawal: Requires a formal motion, service on the client, and a court order. The court will not allow withdrawal if it would substantially harm the client or materially prejudice the administration of justice.
• Check local rules for the specific judicial district and the presiding judge's standing orders. North Carolina has 8 divisions (Business Court is a specialized division) and 46 superior court districts.

eCourts System: North Carolina completed the statewide eCourts rollout to all 100 counties as of October 13, 2025. eCourts (the Odyssey-based platform) is the mandatory e-filing system for all North Carolina trial courts. Attorneys must file the substitution through eCourts and update the case service list. Access eCourts at nccourts.gov/ecourts.

NC State Bar Number Format: North Carolina State Bar numbers are typically 5- to 6-digit numbers assigned by the North Carolina State Bar (ncbar.gov). The bar number must appear on all filings. Attorneys must also verify active bar membership and no active disciplinary proceedings.

Pending Deadlines: A substitution of counsel does not automatically stay, toll, or extend any pending deadlines, discovery cutoffs, trial calendar settings, or hearing dates. New counsel must immediately review the docket and, if additional time is needed, promptly file a motion for continuance.

COURT CAPTION

STATE OF NORTH CAROLINA

IN THE GENERAL COURT OF JUSTICE

☐ SUPERIOR COURT DIVISION ☐ DISTRICT COURT DIVISION

COUNTY OF [________________________________] File No. [____________________]

[________________________________],
Plaintiff,

vs.

[________________________________],
Defendant.

(For Business Court cases, add:)
☐ IN THE NORTH CAROLINA BUSINESS COURT
COUNTY OF [________________________________] File No. [____________________]

NOTICE OF SUBSTITUTION OF ATTORNEY

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

Party Name: [________________________________]

I. NOTICE OF SUBSTITUTION

COMES NOW [________________________________] ("Substituting Attorney") and [________________________________] ("Withdrawing Attorney"), and pursuant to N.C. Gen. Stat. § 84-4.1, the North Carolina Rules of Civil Procedure, and the North Carolina Rules of Professional Conduct Rule 1.16, hereby give notice to this Court and all parties that:

1. [________________________________] ("Substituting Attorney"), N.C. State Bar No. [____________________], is hereby entering as attorney of record for [________________________________] ("Client") in the above-captioned matter.

2. [________________________________] ("Withdrawing Attorney"), N.C. State Bar No. [____________________], is hereby withdrawing as attorney of record for [________________________________] in the above-captioned matter.

3. This substitution is effective upon filing of this Notice in the eCourts system.

☐ This substitution is consensual; all parties listed below have signed this document.

☐ A proposed Order of Substitution is attached for the Court's signature (see Section VII).

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

II. WITHDRAWING ATTORNEY INFORMATION

Full Name: [________________________________]

N.C. State Bar Number: [____________________]

Law Firm / Organization: [________________________________]

Street Address: [________________________________]

City, State, ZIP: [________________________________], North Carolina [________]

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

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

Email Address (Primary for Service): [________________________________]

eCourts Login Email: [________________________________]

III. SUBSTITUTING (NEW) ATTORNEY INFORMATION

Full Name: [________________________________]

N.C. State Bar Number: [____________________]

Law Firm / Organization: [________________________________]

Street Address: [________________________________]

City, State, ZIP: [________________________________], North Carolina [________]

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

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

Email Address (Primary for Service): [________________________________]

eCourts 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 fully informed of and understand the nature of this substitution of counsel.
2. I freely and voluntarily consent to the withdrawal of [________________________________] as my attorney in this matter.
3. I freely and voluntarily 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 by withdrawing counsel of all pending deadlines, hearings, and case obligations of which counsel is aware.
6. I have received or will receive from withdrawing counsel all client files, documents, and property to which I am entitled under N.C. Rules of Prof. Conduct 1.16(d).
7. I understand that any fee arrangements with new counsel are separate from obligations I may have to withdrawing counsel.

Client Signature: [________________________________]

Printed Name: [________________________________]

Date: [__/__/____]

V. ATTORNEY CERTIFICATIONS

A. Withdrawing Attorney Certification

I, [________________________________], N.C. State Bar No. [____________________], certify that:

1. I am withdrawing as attorney of record for [________________________________] in the above-captioned matter.
2. I have provided the client with reasonable advance 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 under Rule 1.16(d).
4. I have advised substituting counsel of all pending deadlines, hearing dates, calendar settings, and outstanding discovery obligations as of the date of this filing.
5. My withdrawal complies with N.C. Rules of Professional Conduct Rule 1.16 in all respects.
6. ☐ There are no outstanding fee disputes between myself and the client.
7. ☐ A fee dispute exists and is being addressed separately. (Details are not included in this filing.)

Signature of Withdrawing Attorney: [________________________________]

Printed Name: [________________________________]

N.C. State Bar No.: [____________________]

Date: [__/__/____]

B. Substituting Attorney Certification

I, [________________________________], N.C. State Bar No. [____________________], certify that:

1. I am entering as attorney of record for [________________________________] in the above-captioned matter.
2. I have reviewed the case docket and am aware of all pending deadlines, hearings, calendar settings, and outstanding obligations.
3. I am a member of the North Carolina State Bar in good standing, with no active disciplinary proceedings.
4. I accept full responsibility for all future filings, appearances, and obligations in this matter.
5. I have registered or will immediately register with the North Carolina eCourts system (nccourts.gov/ecourts) for this case and updated the service list.
6. I am familiar with the local rules of [________________________________] County and the standing orders of the presiding judge, if any.

Signature of Substituting Attorney: [________________________________]

Printed Name: [________________________________]

N.C. State Bar No.: [____________________]

Date: [__/__/____]

VI. SUBSTITUTION CHECKLIST

New Attorney — Entering Appearance

☐ Confirmed N.C. State Bar number is current and active (verify at ncbar.gov)
☐ Registered with NC eCourts system (nccourts.gov/ecourts)
☐ Added as attorney of record in eCourts for this file number
☐ Updated eCourts service list — new attorney added, withdrawing attorney removed
☐ Reviewed complete case docket on eCourts
☐ Obtained complete client file from withdrawing attorney
☐ Calendared all pending deadlines, hearings, and calendar settings
☐ Reviewed scheduling order and any standing orders from the presiding judge
☐ Checked local rules for [____] County Superior/District Court
☐ Checked Business Court rules if case is in Business Court
☐ Reviewed outstanding discovery requests and response deadlines
☐ Notified trial court coordinator of attorney change for upcoming hearings
☐ Notified opposing counsel of entry of appearance
☐ Confirmed client's signed consent to substitution

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 eCourts service notifications for this file
☐ Completed all outstanding duties that cannot be abandoned mid-matter
☐ Complied with N.C. Rules of Prof. Conduct 1.16(d) regarding client property

NC eCourts System Steps

☐ Filed Notice of Substitution through eCourts (nccourts.gov/ecourts)
☐ Verified case was filed in the correct county and court division in eCourts
☐ Updated attorney of record information within eCourts case record
☐ Confirmed e-service settings updated: new attorney added; withdrawing attorney removed
☐ Notified clerk's office if any manual correction to docket is needed

Administrative and Court Steps

☐ Filed Notice of Substitution with the Clerk of Superior/District Court
☐ Paid any required filing fee (verify with clerk)
☐ Served all opposing counsel and self-represented parties per N.C. R. Civ. P. 5
☐ Notified trial court coordinator of attorney change for any scheduled hearings
☐ If order required: submitted proposed order to presiding judge's chambers
☐ Confirmed court's receipt, docketing, and entry of substitution or order

VII. PROPOSED ORDER OF SUBSTITUTION OF ATTORNEY

(Attach when court approval is requested or required by local rules or judge's standing orders)

STATE OF NORTH CAROLINA

IN THE GENERAL COURT OF JUSTICE

☐ SUPERIOR COURT DIVISION ☐ DISTRICT COURT DIVISION

COUNTY OF [________________________________] File No. [____________________]

[________________________________],
Plaintiff,

vs.

[________________________________],
Defendant.

ORDER OF SUBSTITUTION OF ATTORNEY

THIS MATTER came before the Court upon the Notice of Substitution of Attorney filed by the parties, and the Court having considered the filing and being duly advised in the premises;

IT IS HEREBY ORDERED that:

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

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

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

4. No pending deadlines, discovery cutoffs, calendar settings, or hearing dates are extended, stayed, or tolled by reason of this Order unless separately ordered by this Court.

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

This the [____] day of [________________________________], 20[____].

[________________________________]
☐ Superior Court Judge ☐ District Court Judge
[________________________________] County, North Carolina
☐ [____] Superior Court District ☐ Business Court

VIII. CERTIFICATE OF SERVICE

The undersigned hereby certifies 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 N.C. R. Civ. P. 5:

Signature of Person Serving: [________________________________]

Printed Name: [________________________________]

N.C. State Bar No.: [____________________]

Date of Service: [__/__/____]

IX. PRACTICE NOTES AND STATE-SPECIFIC GUIDANCE

NC eCourts (Statewide as of October 13, 2025): North Carolina completed its eCourts rollout to all 100 counties on October 13, 2025. eCourts is built on the Odyssey platform and is the mandatory e-filing and case management system for all North Carolina trial courts. Attorneys must file the substitution document through eCourts and then update the service list within the system. Contact [email protected] for technical assistance.

NC State Bar Number: North Carolina State Bar numbers are issued by the North Carolina State Bar (ncbar.gov). Attorneys can verify their bar number and active status at the State Bar's online member directory. The bar number is required on all court filings. Confirm there are no conditions, suspensions, or disciplinary actions affecting your license before entering an appearance.

Business Court: The North Carolina Business Court is a specialized division of the General Court of Justice for complex commercial cases. Business Court cases have their own electronic filing system and distinct local rules. If the case has been designated as a Business Court matter, follow Business Court-specific procedures.

Superior vs. District Court: Determine the correct court division before filing. Superior Court handles felonies, civil cases with amounts over $25,000, and other matters. District Court handles misdemeanors, civil cases up to $25,000, and family law. The caption and file number format differ.

Trial Court Coordinator: Each superior court district has a trial court coordinator who manages calendars and scheduling. When substitution occurs, notify the trial court coordinator (especially if a hearing is imminent) to ensure the new attorney is listed for the scheduled event.

N.C. Rules of Prof. Conduct 1.16(d): Withdrawing counsel must surrender papers and property to which the client is entitled, give reasonable notice, allow time for new counsel to be employed, and refund any unearned prepaid fees.

Local Rules: North Carolina's 46 superior court districts and 40+ district court districts have varying local rules. Check the local rules for the specific county where the case is pending. Some counties have specific forms or requirements for substitution of counsel.

X. SOURCES AND REFERENCES

• North Carolina eCourts: nccourts.gov/ecourts
• NC eCourts FAQs for Attorneys: nccourts.gov
• N.C. Gen. Stat. § 84-4.1: ncleg.net
• North Carolina Rules of Civil Procedure: ncleg.net
• North Carolina State Bar: ncbar.gov
• NC Judicial Branch Forms: nccourts.gov/documents/forms