Substitution of Attorney

SUBSTITUTION OF ATTORNEY — NEW HAMPSHIRE STATE COURT

JURISDICTION OVERVIEW AND FILING NOTES

Court System: New Hampshire Judicial Branch operates the Superior Court (felony criminal, major civil), Circuit Court (District Division, Family Division, Probate Division), and Supreme Court. Most civil litigation occurs in Superior Court.

E-Filing System: New Hampshire eCourt (Odyssey File & Serve) is the mandatory electronic filing platform for Superior Court and most Circuit Court matters. Access at: https://nh.tylerhost.net/ofsweb

When Substitution Is Permissible Without Court Order:
Under NH Superior Court Rule 17 and RPC 1.16, substitution of counsel by mutual consent — where the client, withdrawing attorney, and incoming attorney all sign — generally does not require a court order. However, if trial is imminent, a hearing is pending within 30 days, or the court has a scheduling order in place, many judges require notice or approval. Always check the assigned judge's standing orders.

When Court Approval Is Required:

• Trial is scheduled within 30 days
• Client objects to withdrawal
• Withdrawing attorney seeks to withdraw without substitution (motion to withdraw required)
• Criminal case post-arraignment (court approval required under NH Superior Court Rule 17)

NH Bar Number Format: NH attorneys are assigned a bar number by the New Hampshire Bar Association (e.g., Bar ID No. 12345). Verify current status at: https://www.nhbar.org/find-a-member/

Service Requirements: Under NH Superior Court Rule 26, all parties of record must be served with the substitution. In eCourt cases, service through the Odyssey system satisfies this requirement for registered parties. Unregistered parties must be served by mail or hand delivery.

COURT CAPTION

STATE OF NEW HAMPSHIRE

[SUPERIOR / CIRCUIT — DISTRICT / CIRCUIT — FAMILY / CIRCUIT — PROBATE] COURT
[____________________] COUNTY

[________________________________],
Plaintiff / Petitioner,

v.

[________________________________],
Defendant / Respondent.

Docket No.: [____________________]

Judge / Presiding Justice: [________________________________]

NOTICE OF SUBSTITUTION OF ATTORNEY

PLEASE TAKE NOTICE that [________________________________] (the "Party"), as [☐ Plaintiff / Petitioner ☐ Defendant / Respondent ☐ Other: [________________]] in the above-captioned matter, hereby substitutes [________________________________] as attorney of record in place and stead of [________________________________], effective as of the date of filing of this Notice.

This substitution is made pursuant to the New Hampshire Rules of Professional Conduct, Rule 1.16, and New Hampshire Superior Court Rule 17 (or applicable Circuit Court Rule).

SECTION 1: WITHDRAWING ATTORNEY INFORMATION

Withdrawing Attorney Statement:

I, [________________________________], hereby withdraw as counsel of record for [________________________________] in the above-captioned matter. I have notified my client of this substitution, provided the client with all files and property belonging to the client as required under NH RPC 1.16(d), and I have taken all steps reasonably practicable to protect the client's interests.

☐ I have provided substituting counsel with copies of all pleadings, orders, correspondence, and discovery received to date.

☐ I have provided substituting counsel with a current list of all pending deadlines, hearing dates, and scheduling order obligations.

☐ I have complied with NH RPC 1.16(d) regarding the return of client property and files.

☐ Client funds, if any, held in trust have been accounted for and transferred or returned as appropriate.

SECTION 2: SUBSTITUTING ATTORNEY INFORMATION

Substituting Attorney Statement:

I, [________________________________], hereby accept substitution as counsel of record for [________________________________] in the above-captioned matter. I have reviewed the case file and am familiar with the current procedural status, pending deadlines, and all applicable court orders. I agree to abide by all existing scheduling orders and deadlines unless and until a court order modifies the same.

☐ I am an active member in good standing of the New Hampshire Bar.

☐ I have received copies of all pleadings, orders, correspondence, and discovery from withdrawing counsel.

☐ I am registered with New Hampshire eCourt (Odyssey) and will update the service list upon filing.

SECTION 3: CLIENT CONSENT

I, [________________________________], the undersigned client / authorized representative of [________________________________] (the "Party"), hereby:

1. Consent to the withdrawal of [________________________________] as my attorney of record in this matter;

2. Consent to the substitution of [________________________________] as my new attorney of record;

3. Acknowledge that I have been advised of any pending deadlines, hearings, and case status; and

4. Authorize [________________________________] to act on my behalf in all proceedings in the above-captioned matter.

☐ The client is an individual.
☐ The client is a corporation / LLC / partnership / entity. (Authorized representative title: [________________________________])

SECTION 4: COURT APPROVAL STATUS

☐ Court approval is NOT required. This substitution is by mutual consent, no trial or hearing is pending within 30 days, and no court order restricts withdrawal. This Notice is effective upon filing.

☐ Court approval IS requested. A Proposed Order is attached hereto and submitted for the Court's consideration. (Reason: [________________________________])

☐ Court Order previously entered. Order dated [__/__/____] granting withdrawal / substitution is attached as Exhibit A.

SECTION 5: PENDING DEADLINES AND CASE STATUS DISCLOSURE

Complete this section to ensure continuity of representation and compliance with NH RPC 1.16.

Special Considerations:

☐ A jury trial has been demanded.
☐ A pre-trial conference is scheduled for [__/__/____].
☐ An interlocutory matter is currently pending before the NH Supreme Court (Docket No.: [________________]).
☐ Expert witnesses have been designated. Substituting counsel has been provided with all expert reports.
☐ This matter involves a minor or protected person requiring the court's attention on substitution.
☐ No hearings or deadlines are currently pending.

SECTION 6: SIGNATURE BLOCKS

Withdrawing Attorney

Signature: ________________________________

Printed Name: [________________________________]

NH Bar ID No.: [____________________]

Date: [__/__/____]

Substituting Attorney

Signature: ________________________________

Printed Name: [________________________________]

NH Bar ID No.: [____________________]

Date: [__/__/____]

Client / Authorized Representative

Signature: ________________________________

Printed Name: [________________________________]

Title (if entity): [________________________________]

Date: [__/__/____]

SECTION 7: PROPOSED ORDER

(Include when court approval is sought or required; remove if not applicable)

STATE OF NEW HAMPSHIRE

[SUPERIOR / CIRCUIT] COURT
[____________________] COUNTY

[________________________________] v. [________________________________]

Docket No.: [____________________]

ORDER APPROVING SUBSTITUTION OF ATTORNEY

THE COURT, having reviewed the Notice of Substitution of Attorney filed herein, and good cause appearing:

IT IS HEREBY ORDERED that:

1. [________________________________] is hereby substituted as counsel of record for [________________________________] (the [☐ Plaintiff / Petitioner ☐ Defendant / Respondent]) in the above-captioned matter, effective immediately.

2. [________________________________] is hereby relieved of all further obligations as counsel of record in this matter, except as required to protect the client's interests during the transition.

3. All existing scheduling orders, discovery obligations, and deadlines shall remain in full force and effect unless otherwise modified by further order of this Court.

4. The Clerk of Court shall update the case docket to reflect the change in counsel of record.

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

________________________________
Presiding Justice / Judge
[________________________________] Court, [________________] County

SECTION 8: PRE-FILING COMPLIANCE CHECKLIST

Complete all applicable items before filing. Check ☐ when done.

Withdrawing Attorney Tasks:

☐ Notified client in writing of withdrawal / substitution
☐ Provided client with complete copy of the case file
☐ Returned all original documents belonging to client
☐ Accounted for and transferred all client trust funds (IOLTA)
☐ Provided substituting counsel with all pleadings and orders
☐ Provided substituting counsel with complete deadline list
☐ Provided substituting counsel with all discovery received and produced
☐ Provided substituting counsel with copies of all expert disclosures
☐ Notified all third parties (e.g., experts, consultants) of change in counsel
☐ Updated or transferred any retaining lien obligations as permitted by NH law
☐ Complied with NH RPC 1.16(d) in all respects

Substituting Attorney Tasks:

☐ Confirmed active NH bar membership in good standing
☐ Reviewed entire case file and current scheduling order
☐ Registered or confirmed registration on NH eCourt (Odyssey)
☐ Prepared this Notice and obtained all required signatures
☐ Prepared Proposed Order if court approval is sought
☐ Prepared Certificate of Service

Filing Tasks:

☐ Filed Notice via NH eCourt (Odyssey) under correct case docket
☐ Selected correct document type in Odyssey (e.g., "Notice of Substitution of Counsel")
☐ Updated Odyssey service contacts list to add substituting attorney and remove withdrawing attorney
☐ Served all non-eCourt registered parties by mail or hand delivery
☐ Retained filed-stamped copy for file
☐ Calendared all existing deadlines in substituting attorney's calendar system

SECTION 9: CERTIFICATE OF SERVICE

I, [________________________________], hereby certify that on [__/__/____], I caused a true and correct copy of the foregoing Notice of Substitution of Attorney [and Proposed Order] to be served upon all parties and counsel of record in this matter by the following method(s):

☐ New Hampshire eCourt (Odyssey) electronic service (registered parties)
☐ U.S. Mail, first-class postage prepaid
☐ Electronic mail (by agreement or court order)
☐ Hand delivery
☐ Other: [________________________________]

Parties / Counsel Served:

________________________________
Signature of Serving Party

Printed Name: [________________________________]

Date: [__/__/____]

PRACTICE NOTES AND STATE-SPECIFIC GUIDANCE

NH eCourt (Odyssey) Filing Tips:

• Log in at https://nh.tylerhost.net/ofsweb
• Search for the case by docket number before filing
• Select document type "Notice of Substitution of Counsel" or the nearest equivalent
• After filing, immediately update the service contact list: remove the withdrawing attorney's email and add the substituting attorney's email
• Retain the eCourt filing confirmation (transaction ID) for your records

Superior Court vs. Circuit Court:

• NH Superior Court handles most major civil and serious criminal matters
• NH Circuit Court (District Division) handles misdemeanors, small claims, landlord-tenant
• NH Circuit Court (Family Division) handles divorce, custody, domestic violence
• NH Circuit Court (Probate Division) handles estates, guardianships, adoptions
• Check the specific division's rules for any local deviations

Criminal Matters:
In criminal cases post-arraignment, the court must approve any change of counsel. File a motion to withdraw / substitute supported by client consent and present it at the next scheduled hearing or by ex parte motion if circumstances require.

Client File Transfer:
Under NH RPC 1.16(d), the withdrawing attorney must promptly return all papers and property to which the client is entitled. The NH Supreme Court Advisory Committee on Professional Responsibility has issued guidance that the client owns the file and is entitled to it upon request. Disputes over file transfer should be resolved in favor of the client.

Retaining Liens:
New Hampshire recognizes the common law retaining lien on client files for unpaid fees. However, retaining lien enforcement must not prejudice the client in pending litigation. Consult NH RPC 1.16 cmt. [9] and NH case law before asserting a lien.

Local Court Contacts:

• NH Judicial Branch: https://www.courts.nh.gov
• NH eCourt Help Desk: See courts.nh.gov for current contact information
• NH Bar Association Lawyer Referral: https://www.nhbar.org

Sources and References:

• NH Rules of Professional Conduct, Rule 1.16: https://www.nhbar.org/professional-conduct/
• NH Superior Court Rules: https://www.courts.nh.gov/rules-superior-court-state-new-hampshire
• NH eCourt / Odyssey: https://nh.tylerhost.net/ofsweb
• NH Judicial Branch: https://www.courts.nh.gov