Substitution of Attorney - New York State Court (CPLR 321)

CONSENT TO CHANGE ATTORNEY / SUBSTITUTION OF ATTORNEY

New York State Court — Pursuant to CPLR 321(b)

Governed by: CPLR 321 (Attorneys); CPLR 2103 (Service of Papers); 22 NYCRR §§ 202.5-b, 118.1, 1200.0 (Rule 1.16); Judiciary Law § 475

DOCUMENT PREPARATION CHECKLIST

☐ Type of change determined: ☐ Consent substitution (CPLR 321(b)(1)) or ☐ Court-ordered withdrawal (CPLR 321(b)(2))
☐ Retiring attorney's consent obtained (required for CPLR 321(b)(1) consent substitution)
☐ Client's written consent obtained and acknowledged (notarized — required for CPLR 321(b)(1))
☐ Incoming attorney's information confirmed, including NYS Attorney Registration Number
☐ Client file and property transfer arrangements made per Rule 1.16(d)
☐ Unearned fee refund calculated and processed per Rule 1.16(d)
☐ Pending deadlines and court dates identified and communicated to incoming attorney
☐ All parties' counsel identified for service
☐ NYSCEF filing requirements verified (mandatory in most Supreme Court counties)
☐ NYSCEF service list to be updated to add incoming attorney and remove retiring attorney
☐ County Clerk filing requirements verified
☐ If withdrawal (not substitution): motion papers and proposed order prepared
☐ Attorney lien rights under Judiciary Law § 475 addressed

KEY DISTINCTION: CHANGE VS. WITHDRAWAL

Under CPLR 321(b), there are two mechanisms for changing counsel:

IMPORTANT: A consent substitution under CPLR 321(b)(1) does NOT require a court order. The consent document is simply filed with the clerk. However, if the retiring attorney does not consent, or if no new attorney is being substituted (i.e., the attorney is withdrawing and the client will be unrepresented or the client does not consent to the withdrawal), then a motion and court order under CPLR 321(b)(2) are required.

PART I: CONSENT TO CHANGE ATTORNEY (CPLR 321(b)(1))

1. CAPTION

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF [________________________________]

2. CONSENT TO CHANGE ATTORNEY

PLEASE TAKE NOTICE that, pursuant to CPLR 321(b)(1), the undersigned hereby consent to the change of attorney for [________________________________] (party name) in the above-entitled action, as follows:

The following attorney is being substituted as attorney of record:

Retiring / Withdrawing Counsel

Incoming / Substituting Counsel

3. RETIRING ATTORNEY'S CONSENT

I, [________________________________], Esq., NYS Attorney Registration No. [________________________________], hereby consent to the substitution of [________________________________], Esq., as attorney of record for [________________________________] (party name) in place of the undersigned in the above-entitled action.

I further certify that:

☐ I have delivered to the client or to incoming counsel all papers and property to which the client is entitled, consistent with 22 NYCRR § 1200.0, Rule 1.16(d).

☐ I have refunded to the client any unearned portion of fees paid in advance, consistent with 22 NYCRR § 1200.0, Rule 1.16(d).

☐ I have provided the client and incoming counsel with a summary of all pending deadlines, court dates, and outstanding discovery obligations.

☐ I have no lien claim against the client's file or recovery in this action.
☐ I assert a charging lien pursuant to Judiciary Law § 475 for fees and disbursements in the amount of $[________________________________]. (If lien claimed, specify amount and basis.)

Date: [__/__/____]

________________________________
[Retiring Attorney Name], Esq.
NYS Attorney Registration No. [________________________________]

4. INCOMING ATTORNEY'S CONSENT

I, [________________________________], Esq., NYS Attorney Registration No. [________________________________], hereby consent to serve as attorney of record for [________________________________] (party name) in place of [________________________________], Esq., in the above-entitled action.

I further certify that:

☐ I am admitted to practice in the State of New York and my registration is current pursuant to 22 NYCRR § 118.1.

☐ I have reviewed the case file and am familiar with the current status of the action, including all pending deadlines and court dates.

☐ I will promptly register for NYSCEF in this matter (if not already registered) and update the NYSCEF service list to include my email address for electronic service under CPLR 2103(b)(7).

☐ I acknowledge the existence of any claimed attorney lien by retiring counsel and will cooperate to protect such lien rights as required by law.

Date: [__/__/____]

________________________________
[Incoming Attorney Name], Esq.
NYS Attorney Registration No. [________________________________]

5. CLIENT'S CONSENT AND ACKNOWLEDGMENT

I, [________________________________], the ☐ Plaintiff / ☐ Defendant in the above-entitled action, hereby consent to the substitution of [________________________________], Esq., as my attorney of record in place of [________________________________], Esq.

I understand that:

☐ [________________________________], Esq., will be my attorney of record going forward and will have full authority to act on my behalf in this action.

☐ [________________________________], Esq., will no longer represent me in this action upon filing of this consent with the court.

☐ I am responsible for communicating all relevant information about my case to my new attorney.

☐ Any attorney lien claimed by my former attorney remains in effect as provided by law.

Date: [__/__/____]

________________________________
[Client Name]

ACKNOWLEDGMENT (Required under CPLR 321(b)(1))

STATE OF NEW YORK    )
              ) ss.:
COUNTY OF [________________________________]  )

On this [____] day of [________________________________], 20[____], before me personally appeared [________________________________], known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that ☐ he / ☐ she executed the same in ☐ his / ☐ her capacity, and that by ☐ his / ☐ her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument.

________________________________
Notary Public, State of New York

Commission No.: [________________________________]
Qualified in [________________________________] County
My Commission Expires: [__/__/____]

CRITICAL: Under CPLR 321(b)(1), the client's signature must be acknowledged (i.e., notarized). A consent that is signed but not acknowledged is defective and will not effectuate the change of attorney. The acknowledgment must comply with the requirements of Real Property Law § 309-a or Executive Law § 135.

6. NOTICE OF CHANGE TO ALL PARTIES

PLEASE TAKE NOTICE that the foregoing Consent to Change Attorney has been filed with the Clerk of the Court. Pursuant to CPLR 321(b)(1), all future papers and correspondence in this action should be directed to:

[________________________________], Esq.
[Firm Name]
[Address]
[City], New York [ZIP]
Telephone: [________________________________]
Email: [________________________________]
NYSCEF Service Email: [________________________________]

All service upon [________________________________] (party name) shall hereafter be made upon [________________________________], Esq., at the above address or via NYSCEF at the email address designated above, in accordance with CPLR 2103(b)(7).

PART II: MOTION FOR LEAVE TO WITHDRAW (CPLR 321(b)(2))

(Use this section ONLY if the retiring attorney is withdrawing without the client's consent, without a substitute attorney, or if a consent substitution under CPLR 321(b)(1) cannot be effectuated.)

7. NOTICE OF MOTION

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF [________________________________]

[________________________________], Plaintiff,
-against-          Index No. [________________________________]
[________________________________], Defendant.

NOTICE OF MOTION

PLEASE TAKE NOTICE that upon the annexed Affirmation of [________________________________], Esq., dated [__/__/____], and the exhibits attached thereto, the undersigned will move this Court at ☐ IAS Part [____] / ☐ Motion Part, located at [________________________________] (courthouse address), on [__/__/____] at [____] a.m./p.m., or as soon thereafter as counsel may be heard, for an order pursuant to CPLR 321(b)(2):

☐ Granting leave to [________________________________], Esq., to withdraw as attorney of record for [________________________________] (party name);

☐ Substituting [________________________________], Esq., as attorney of record for [________________________________] (party name);

☐ Directing that [________________________________] (party name) shall have [____] days to retain new counsel or notify the Court of intent to proceed pro se;

☐ Staying all proceedings for a period of [____] days to allow the party to retain new counsel;

☐ Granting such other and further relief as this Court deems just and proper.

Date: [__/__/____]

________________________________
[Moving Attorney Name], Esq.
NYS Attorney Registration No. [________________________________]

8. AFFIRMATION IN SUPPORT OF MOTION TO WITHDRAW

[________________________________], Esq., an attorney admitted to practice in the State of New York, hereby affirms under penalty of perjury pursuant to CPLR 2106:

1. I am the attorney of record for [________________________________] (party name) in the above-entitled action. I submit this affirmation in support of my application for leave to withdraw pursuant to CPLR 321(b)(2).

2. The basis for withdrawal is (select all that apply):

☐ The client has failed to cooperate in the prosecution/defense of this action.
☐ The client has failed to comply with fee agreements and is in arrears in the amount of $[________________________________].
☐ An irreconcilable conflict has arisen between counsel and client that prevents effective representation.
☐ The client has retained new counsel, namely [________________________________], Esq.
☐ Continued representation would require counsel to engage in conduct that violates the Rules of Professional Conduct (22 NYCRR § 1200.0).
☐ Other: [________________________________]

3. (Without revealing client confidences or privileged communications:) The circumstances necessitating withdrawal are as follows:
   [________________________________]
   [________________________________]
   [________________________________]

4. The following deadlines and court dates are currently pending in this action:

5. I have notified my client of this application by:
   ☐ Certified mail, return receipt requested, sent to [________________________________] on [__/__/____]
   ☐ Email to [________________________________] on [__/__/____]
   ☐ Personal delivery on [__/__/____]
   ☐ Other: [________________________________]

6. I have served this motion on all counsel of record pursuant to CPLR 2103.

7. ☐ I do not claim an attorney lien in this matter.
   ☐ I assert a charging lien under Judiciary Law § 475 and a retaining lien for services rendered and disbursements made on behalf of my client.

Date: [__/__/____]

________________________________
[Attorney Name], Esq.
NYS Attorney Registration No. [________________________________]

9. PROPOSED ORDER (CPLR 321(b)(2))

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF [________________________________]

Index No. [________________________________]

ORDER

Upon the motion of [________________________________], Esq., and upon reading and filing the Affirmation of [________________________________], Esq., sworn to on [__/__/____], and the exhibits attached thereto, and the Court having ☐ heard oral argument on [__/__/____] / ☐ reviewed the papers submitted, it is hereby:

ORDERED that [________________________________], Esq., NYS Attorney Registration No. [________________________________], of [________________________________] (firm name), is hereby relieved as attorney of record for [________________________________] (party name) in the above-entitled action; and it is further

☐ ORDERED that [________________________________], Esq., NYS Attorney Registration No. [________________________________], of [________________________________] (firm name), is hereby substituted as attorney of record for [________________________________] (party name); and it is further

☐ ORDERED that [________________________________] (party name) shall have [____] days from the date of service of a copy of this Order with notice of entry to retain new counsel or to notify the Court in writing that ☐ he / ☐ she / ☐ it will proceed pro se; and it is further

☐ ORDERED that all proceedings in this action are stayed for a period of [____] days from the date of this Order to allow [________________________________] (party name) to retain new counsel; and it is further

ORDERED that all future papers in this action shall be served upon [________________________________] at [________________________________]; and it is further

ORDERED that the Clerk of the Court and all parties shall update their records to reflect this change of attorney; and it is further

ORDERED that [________________________________], Esq., shall serve a copy of this Order with notice of entry upon all parties and upon [________________________________] (former client) within [____] days.

ENTER:

Date: [__/__/____]

________________________________
Hon. [________________________________]
Justice, Supreme Court

PART III: AFFIRMATION OF SERVICE

10. AFFIRMATION OF SERVICE

I, [________________________________], an attorney admitted to practice in the State of New York, hereby affirm under penalty of perjury pursuant to CPLR 2106:

On [__/__/____], I served the foregoing ☐ Consent to Change Attorney / ☐ Notice of Motion and Supporting Papers upon all parties to this action by the following method(s), in accordance with CPLR 2103:

☐ NYSCEF Electronic Filing — Service effected upon all consenting parties via the New York State Courts Electronic Filing system (NYSCEF) pursuant to CPLR 2103(b)(7) and 22 NYCRR § 202.5-b

☐ Email — Transmitted to the email address(es) designated for service pursuant to CPLR 2103(b)(7)

☐ First-Class Mail — Deposited in a post-paid wrapper in a post office or official depository under the exclusive care and custody of the United States Postal Service, addressed to:

☐ Personal Delivery — Delivered by hand to:

☐ Overnight Delivery Service — Deposited with an overnight delivery service at or before the close of business, addressed to:

Service List:

Date: [__/__/____]

________________________________
[Name], Esq.
NYS Attorney Registration No. [________________________________]

11. NYSCEF FILING AND SERVICE PROCEDURES

A. Mandatory E-Filing

NYSCEF (New York State Courts Electronic Filing) is mandatory in Supreme Court in all 62 counties for most civil case types as of 2026. Certain case types (e.g., matrimonial actions, Mental Hygiene Law proceedings) may have different requirements. Verify current requirements at https://iapps.courts.state.ny.us/nyscef.

B. Filing the Consent to Change Attorney via NYSCEF

1. Log in to NYSCEF at https://iapps.courts.state.ny.us/nyscef
2. Select the case by Index Number
3. Choose document type: "Consent to Change Attorney"
4. Upload the fully executed consent (with notarized client acknowledgment)
5. NYSCEF will automatically serve all consenting e-filing parties

C. Updating the NYSCEF Service List

After the consent is filed:

1. The incoming attorney must register as counsel for the party on NYSCEF and add their email address for service
2. The retiring attorney must file for removal of NYSCEF consent representation
3. Detailed instructions for removal are available at: https://iappscontent.courts.state.ny.us/NYSCEF/live/help/RemoveConsentInstructions.pdf
4. The court's records must be updated to reflect the change in counsel

D. Non-NYSCEF Filings

In the rare instance where e-filing is not available, the consent must be filed in paper with the County Clerk. Service must be made by an authorized method under CPLR 2103(b) (personal delivery, mail, overnight delivery, or email if consented to).

12. PRACTICE NOTES AND NEW YORK-SPECIFIC REQUIREMENTS

A. CPLR 321(b)(1) — Consent Requirements in Detail

The consent to change attorney under CPLR 321(b)(1) requires three elements:

1. Signature of the retiring attorney — The retiring attorney must sign the consent, indicating agreement to the change.
2. Signature of the party — The party (client) must sign the consent.
3. Acknowledgment of the party's signature — The party's signature must be acknowledged (notarized). An unacknowledged consent is legally defective and will not effectuate the change of attorney. This is one of the most commonly overlooked requirements.

B. CPLR 321(c) — Death, Removal, or Disability of Attorney

If an attorney dies, is removed from practice, or becomes incapacitated, no further proceedings may be taken in the action against the party represented by such attorney for a period of 30 days after notice to appoint another attorney has been served upon the party. This provision protects parties from default during periods of attorney transition.

C. Attorney Liens — Judiciary Law § 475

A retiring attorney may assert a charging lien on any recovery obtained in the action for the reasonable value of services rendered. Key points:

• The lien attaches at the commencement of the action
• It cannot be defeated by substitution of counsel
• The incoming attorney should be aware of any lien claim
• The substitution document should expressly address lien rights
• Disputes over attorney liens are resolved by the court

D. Rule 1.16 Obligations — 22 NYCRR § 1200.0

Upon withdrawal or substitution, the retiring attorney must:

• Deliver all client papers and property to the client or successor counsel
• Refund any unearned portion of fees paid in advance
• Take reasonable steps to protect the client's interests, including giving reasonable notice to the client
• Cooperate with successor counsel in the orderly transfer of the matter
• Comply with all applicable ethical obligations

E. Pro Se Transition

If the client is not retaining new counsel, the consent should indicate that the client will proceed pro se (self-represented). The Court should be notified, and service must thereafter be made directly upon the party at a designated address. Note that under CPLR 321(a), a party may appear pro se or by attorney, but a corporation or other entity must appear by attorney.

F. Corporate and Entity Parties

Under CPLR 321(a), a corporation, partnership, LLC, or other entity cannot appear pro se and must be represented by an attorney. If an entity's attorney withdraws and no substitute counsel is retained, the court will typically:

• Set a deadline (usually 30-60 days) for the entity to retain new counsel
• Warn that failure to retain counsel may result in default
• In extreme cases, strike the entity's pleadings or enter a default judgment

G. Effective Date of Substitution

The change of attorney becomes effective upon filing the consent with the clerk. Until the consent is filed, the retiring attorney remains the attorney of record and is responsible for all communications and filings in the case.

H. Other Courts

While this template is designed for Supreme Court practice, similar procedures apply in:

• Civil Court of the City of New York — CPLR 321 applies
• County Court — CPLR 321 applies
• Court of Claims — Modified procedures per Court of Claims Act § 17
• Surrogate's Court — SCPA § 201 incorporates CPLR provisions
• Family Court — Family Court Act § 165 incorporates CPLR provisions

13. SOURCES AND REFERENCES

• CPLR 321 (Attorneys) — https://codes.findlaw.com/ny/civil-practice-law-and-rules/cvp-sect-321/
• CPLR 321 (2025 Statutory Text) — https://law.justia.com/codes/new-york/cvp/article-3/321/
• NYSCEF Instructions for Removal of Attorney Representation — https://iappscontent.courts.state.ny.us/NYSCEF/live/help/RemoveConsentInstructions.pdf
• NYSCEF FAQs — https://iappscontent.courts.state.ny.us/NYSCEF/live/faq.htm
• Consent to Change Attorney Form (Justia) — https://formfiles.justia.com/pdf/new-york/0061/22.pdf
• "CPLR 321(c) and the Death, Removal or Disability of Counsel" (FH&N Law) — https://fhnylaw.com/cplr-321c-and-the-death-removal-or-disability-of-counsel/
• 22 NYCRR § 202.5-b (Electronic Filing in Supreme Court) — https://www.nycourts.gov
• New York Rules of Professional Conduct, Rule 1.16 — https://www.nysba.org/rules-of-professional-conduct/
• Judiciary Law § 475 (Attorney's Lien) — https://codes.findlaw.com/ny/judiciary-law/
• Report of the Advisory Committee on Civil Practice (2025) — https://www.nycourts.gov/LegacyPDFS/IP/judiciaryslegislative/pdfs/2025%20CPLR%20Committee%20Report.pdf