Substitution of Attorney

SUBSTITUTION OF ATTORNEY — OHIO STATE COURT

JURISDICTION OVERVIEW AND FILING NOTES

Court System: Ohio Courts of Common Pleas (General Division, Domestic Relations Division, Juvenile Division, Probate Division), Municipal Courts, County Courts, Court of Claims, Court of Appeals (12 districts), and Ohio Supreme Court. The Court of Common Pleas General Division handles most civil litigation.

E-Filing System: Ohio has adopted Odyssey File & Serve for most Court of Common Pleas matters, though implementation varies by county. Many major Ohio counties (including Cuyahoga, Franklin, Hamilton, Montgomery, and Summit) have county-specific e-filing portals. Check the specific county court's website for the e-filing platform and procedures. The Ohio Supreme Court uses its own electronic filing system.

Ohio Supreme Court Attorney Registration Number (P-Number):
All Ohio attorneys are assigned a unique registration number by the Ohio Supreme Court, formatted as a "P-number" (e.g., P0012345). This number is required on all pleadings filed in Ohio courts. Verify attorney registration status at: https://www.supremecourt.ohio.gov/AttorneyServices/

Governing Framework for Substitution of Attorney:
Ohio does not have a single statewide procedural rule specifically titled "substitution of attorney" in the Civil Rules. Instead, substitution is governed by:

• Ohio Civ.R. 5(B): Service requirements when filing a substitution.
• Ohio Civ.R. 7(B): Motions practice (used when court approval is sought via motion).
• Ohio Prof.Cond.R. 1.16: Governing attorney withdrawal obligations.
• Ohio Sup.R. 10.1: Attorney registration requirements (P-number on all filings).
• Local Court Rules: Each county's Court of Common Pleas typically has local rules governing notice of substitution, withdrawal procedures, and whether court approval is required.

Court Approval Requirements Vary by County:

• Cuyahoga County: Written notice of substitution of counsel is required to be filed; court approval is generally NOT required for consensual substitutions (both attorneys and client agree).
• Franklin County: Check current local rules for the assigned judge's requirements; practice varies.
• Hamilton County: Local rules may require court approval, particularly when trial is imminent.
• As a general practice: Always submit a proposed order to give the judge the option to formally approve the substitution and update the docket.

P-Number Requirement: Ohio Sup.R. 10.1 and local court rules generally require that the attorney's Ohio Supreme Court registration number appear on all court filings. The P-number must appear on the substitution notice and all subsequent filings.

COURT CAPTION

IN THE COURT OF COMMON PLEAS
[____________________] COUNTY, OHIO
[GENERAL / DOMESTIC RELATIONS / JUVENILE / PROBATE] DIVISION

[________________________________],
Plaintiff / Petitioner,

vs.

[________________________________],
Defendant / Respondent.

Case No.: [____________________]

Judge: [________________________________]

Magistrate: [________________________________] (if applicable)

NOTICE OF SUBSTITUTION OF COUNSEL

PLEASE TAKE NOTICE that, pursuant to the Ohio Rules of Civil Procedure, Ohio Rules of Professional Conduct Rule 1.16, and applicable Local Rules, [________________________________] (the "Party"), as [☐ Plaintiff / Petitioner ☐ Defendant / Respondent ☐ Third-Party Defendant ☐ Counter-Claimant ☐ Other: [________________]] in the above-captioned matter, hereby notifies the Court and all parties of the substitution of counsel as follows:

Withdrawing Attorney: [________________________________], Ohio Supreme Court Reg. No. [____________________], of [________________________________], is hereby withdrawn as counsel of record for the Party.

Substituting Attorney: [________________________________], Ohio Supreme Court Reg. No. [____________________], of [________________________________], hereby enters an appearance as counsel of record for the Party.

This substitution is effective as of the date of filing of this Notice.

SECTION 1: WITHDRAWING ATTORNEY INFORMATION

Withdrawing Attorney Statement:

I, [________________________________], Ohio Supreme Court Reg. No. [____________________], hereby state:

1. I am the attorney of record for [________________________________] in this matter and have represented the Party since [__/__/____].

2. I am withdrawing as counsel of record upon the substitution of [________________________________] as incoming counsel.

3. I have provided the Party with written notice of this substitution and have obtained the Party's consent, evidenced by the Party's signature below.

4. I have provided substituting counsel with complete copies of all pleadings, orders, correspondence, discovery materials, expert reports, and other case materials.

5. I have provided substituting counsel with a written list of all pending deadlines, motion return dates, hearing dates, and scheduled trial date (if set).

6. I have complied with Ohio Prof.Cond.R. 1.16(d) regarding the timely return of all client property and files.

7. All client trust funds (if any) have been properly accounted for and disbursed in accordance with Ohio IOLTA rules and Prof.Cond.R. 1.15.

☐ All client files and materials have been transferred to substituting counsel. No retaining lien is asserted.

☐ A retaining lien for unpaid fees of $[____________________] is asserted. The client has been notified in writing.

SECTION 2: SUBSTITUTING ATTORNEY INFORMATION

Substituting Attorney Statement:

I, [________________________________], Ohio Supreme Court Reg. No. [____________________], hereby state:

1. I am an active attorney in good standing, duly registered with the Ohio Supreme Court under Reg. No. [____________________].

2. I hereby enter my appearance as attorney of record for [________________________________] in this matter effective upon filing of this Notice.

3. I have received and reviewed the case file from withdrawing counsel, including all pleadings, orders, discovery, and correspondence.

4. I am familiar with the current procedural status of this matter and all pending deadlines and court orders.

5. I will abide by all existing scheduling orders and court orders unless modified by further order of this Court.

6. I am registered on the applicable e-filing system for this court and will update the service contact list upon filing of this Notice.

SECTION 3: CLIENT CONSENT

I, [________________________________], the undersigned [☐ individual party ☐ authorized representative (title: [________________]) of [________________________________] (an Ohio [☐ corporation ☐ LLC ☐ partnership ☐ other entity])], hereby:

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

2. Consent to the substitution of [________________________________], Ohio Supreme Court Reg. No. [____________________], as my new attorney of record;

3. Acknowledge that I have been fully informed of the current status of this matter, all pending deadlines, hearing dates, and existing court orders;

4. Acknowledge that I have received or have been offered a complete copy of my case file from the withdrawing attorney; and

5. Authorize [________________________________] to act on my behalf in all further proceedings in this matter, including the authority to enter into stipulations, execute documents, and make representations to the Court.

SECTION 4: COURT APPROVAL STATUS

☐ Court order NOT required. This substitution is by mutual consent. Per applicable local rules, a Notice of Substitution is self-executing upon filing. Proposed order is included as a courtesy.

☐ Court order requested. A Proposed Order is submitted for the Court's consideration. (Reason: [________________________________])

☐ Motion for Leave to Withdraw. Client does not consent or circumstances require court approval. See attached Motion. Notice has been / will be provided to all parties.

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

SECTION 5: PENDING DEADLINES AND CASE POSTURE

Case Status Flags:

☐ Trial date has been set. This substitution will not cause any delay.
☐ Trial date has NOT been set.
☐ A scheduling order is in effect (copy provided to substituting counsel).
☐ Summary judgment motion is pending (motion return date: [__/__/____]).
☐ A TRO or preliminary injunction is in force.
☐ Expert witnesses have been designated; substituting counsel has received all reports.
☐ This matter is in the [Domestic Relations / Juvenile / Probate] Division — verify division-specific local rules.
☐ Magistrate has been assigned; confirm procedures for notifying Magistrate of substitution.
☐ No pending hearings or deadlines at this time.

SECTION 6: SIGNATURE BLOCKS

Withdrawing Attorney

Signature: ________________________________

Printed Name: [________________________________]

Ohio Supreme Court Reg. No.: [____________________]

Law Firm: [________________________________]

Date: [__/__/____]

Substituting Attorney

Signature: ________________________________

Printed Name: [________________________________]

Ohio Supreme Court Reg. No.: [____________________]

Law Firm: [________________________________]

Date: [__/__/____]

Client / Authorized Representative

Signature: ________________________________

Printed Name: [________________________________]

Title (if entity): [________________________________]

Date: [__/__/____]

SECTION 7: PROPOSED ORDER APPROVING SUBSTITUTION

(Submit with this Notice as a courtesy or when court approval is required)

IN THE COURT OF COMMON PLEAS
[____________________] COUNTY, OHIO
[GENERAL / OTHER] DIVISION

[________________________________] vs. [________________________________]

Case No.: [____________________]

Judge: [________________________________]

ORDER APPROVING SUBSTITUTION OF COUNSEL

This matter came before the Court on the Notice of Substitution of Counsel filed by [________________________________]. The Court having reviewed the filing and all supporting documentation, and finding good cause:

IT IS HEREBY ORDERED that:

1. [________________________________], Ohio Supreme Court Reg. No. [____________________], of [________________________________], is hereby entered as attorney of record for [________________________________] in the above-captioned matter, effective the date of this Order;

2. [________________________________], Ohio Supreme Court Reg. No. [____________________], is hereby granted leave to withdraw as attorney of record and is relieved of further obligations in this matter, except as required by Ohio Prof.Cond.R. 1.16 to protect the client's interests;

3. All existing scheduling orders, discovery obligations, and court-ordered deadlines shall remain in full force and effect; and

4. The Clerk of Courts shall update the docket and service records to reflect this change of counsel.

IT IS SO ORDERED.

[____________________], Ohio
Date: [__/__/____]

________________________________
[________________________________], Judge
Court of Common Pleas, [____________________] County

(cc: All counsel of record)

SECTION 8: PRE-FILING COMPLIANCE CHECKLIST

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

Document Preparation:

☐ Ohio Supreme Court P-number confirmed and active for both attorneys
☐ Client consent obtained and signed
☐ Withdrawing attorney statement completed and signed
☐ Substituting attorney statement / notice of appearance completed and signed
☐ Proposed Order prepared
☐ Certificate of Service prepared
☐ Checked local rules for assigned county (see Practice Notes below)

File Transfer (Withdrawing Attorney):

☐ Provided client with complete copy of the case file
☐ Returned all original documents and property belonging to client
☐ Accounted for all IOLTA / trust account funds per Prof.Cond.R. 1.15
☐ Provided substituting counsel with all pleadings, motions, and orders
☐ Provided substituting counsel with all discovery (received and produced)
☐ Provided substituting counsel with all expert reports and designations
☐ Provided substituting counsel with complete written deadline calendar
☐ Complied with Ohio Prof.Cond.R. 1.16(d) in all respects

E-Filing Tasks:

☐ Logged into applicable county e-filing portal (Odyssey or county-specific system)
☐ Located case by case number
☐ Selected appropriate document type ("Notice of Substitution of Counsel" or "Notice of Change of Counsel")
☐ Uploaded signed Notice, consent, and proposed order as PDF
☐ Updated e-filing service list (add substituting attorney; remove withdrawing attorney)
☐ Retained filing confirmation and e-file stamp for file
☐ Served non-registered parties by U.S. mail per Ohio Civ.R. 5(B)
☐ Checked: does assigned judge require notification via separate email or chambers copy?

SECTION 9: CERTIFICATE OF SERVICE

I, [________________________________], Ohio Supreme Court Reg. No. [____________________], hereby certify that on [__/__/____], I caused a true and correct copy of the foregoing Notice of Substitution of Counsel [and Proposed Order] to be served upon all counsel of record and unrepresented parties by the following method(s), consistent with Ohio Civ.R. 5(B):

☐ Ohio / county e-filing system electronic service (registered users)
☐ U.S. Mail, first-class postage prepaid
☐ Electronic mail (by agreement or court order): [________________________________]
☐ Hand delivery
☐ Other: [________________________________]

Parties / Counsel Served:

________________________________
Signature

Printed Name: [________________________________]

Ohio Supreme Court Reg. No.: [____________________]

Date: [__/__/____]

PRACTICE NOTES AND STATE-SPECIFIC GUIDANCE

P-Number Is Mandatory:
Ohio Sup.R. 10.1 and virtually all Ohio county court local rules require the Ohio Supreme Court registration number ("P-number") to appear on all court filings. Missing or incorrect P-numbers can result in rejection of filed documents. Verify the P-number at: https://www.supremecourt.ohio.gov/AttorneyServices/

Local Rule Variation — Know Your County:
Ohio's local court rules for substitution of counsel vary materially by county. Before filing:

• Cuyahoga County (Cleveland): Consensual substitution by written notice; court approval generally not required. See Cuyahoga County Loc.R. 5.01 and related rules. E-filing via county portal.
• Franklin County (Columbus): Check current local rules and the assigned judge's standing orders. Franklin County Common Pleas uses the Tyler/Odyssey system.
• Hamilton County (Cincinnati): Local rules may require formal motion in some divisions. Check assigned judge's standing orders.
• Summit County (Akron): E-filing required for most civil matters. Confirm Odyssey registration.
• Montgomery County (Dayton): Check local rules for current court approval requirements.
  For all counties, access local rules via: https://www.supremecourt.ohio.gov/courts/judicial-system/ohio-trial-courts/

Ohio Div. of Domestic Relations / Juvenile / Probate:
Each division of the Court of Common Pleas has division-specific local rules that may impose additional requirements for attorney substitution, particularly in cases involving minors, guardianships, or matters before a Magistrate. Always check the relevant division's local rules.

Cuyahoga County Specific — 30-Day Pre-Trial Rule:
In Cuyahoga County, no guardian ad litem or attorney of record shall be permitted to withdraw from a case within 30 days prior to a trial or adjudicatory hearing except upon extraordinary circumstances. Plan substitutions well in advance of trial.

Ohio Prof.Cond.R. 1.16(d) — File Return:
Upon termination of representation, the attorney must promptly surrender papers and property to which the client is entitled and may retain a copy for the attorney's files. An attorney may not assert a retaining lien on a client's file in a manner that interferes with the client's right to representation in pending proceedings.

IOLTA / Trust Account:
Ohio maintains an IOLTA program through the Ohio Legal Assistance Foundation (OLAF). All client funds held in trust must be accounted for and properly disbursed upon change of counsel. See Ohio Prof.Cond.R. 1.15 and the Ohio State Bar Association IOLTA guidelines.

Ohio Supreme Court Resources:

• Attorney registration lookup: https://www.supremecourt.ohio.gov/AttorneyServices/
• Ohio Rules of Civil Procedure: https://www.supremecourt.ohio.gov/docs/LegalResources/Rules/civil/
• Ohio county trial courts: https://www.supremecourt.ohio.gov/courts/judicial-system/ohio-trial-courts/
• Ohio State Bar Association: https://www.ohiobar.org

Sources and References:

• Ohio Rules of Civil Procedure: https://www.supremecourt.ohio.gov/docs/LegalResources/Rules/civil/CivilProcedure.pdf
• Ohio Supreme Court Attorney Registration: https://www.supremecourt.ohio.gov/AttorneyServices/
• Ohio Rules of Professional Conduct: https://www.supremecourt.ohio.gov/docs/LegalResources/Rules/ProfConduct/ProfConduct.pdf
• Cuyahoga County Local Rules: https://cp.cuyahogacounty.gov/court-resources/local-rules/
• Franklin County Local Rules: https://www.fccourts.org/173/Local-Rules