Substitution of Attorney

SUBSTITUTION OF ATTORNEY — PENNSYLVANIA STATE COURT

JURISDICTION AND PROCEDURAL OVERVIEW

Governing Rules:
Pennsylvania attorney substitutions are governed by Pa.R.C.P. 1012. Note: Pennsylvania uses the term "Attorney ID" (or "Attorney Identification Number"), not "Bar Number." The Pennsylvania Attorney ID is assigned by the Pennsylvania Supreme Court and is a required identifier on all court filings. E-filing in Pennsylvania is conducted through PACFile (the Pennsylvania Courts Electronic Filing System) in participating counties.

Two Pathways Under Pa.R.C.P. 1012:

1. Without Leave of Court (Pa.R.C.P. 1012(b)(2)): An attorney may withdraw without leave of court when another attorney has previously entered or is simultaneously entering an appearance on behalf of the party, AND the change of attorneys does not delay any stage of the litigation. This is accomplished by filing a Praecipe for Substitution of Counsel. The Praecipe must certify that the substitution is not intended to, nor will it, delay the proceeding.

2. With Leave of Court: If no incoming attorney is simultaneously entering an appearance, or if withdrawal would cause delay, leave of court is required. A motion must be filed with reasonable notice to the client and all parties.

Philadelphia and Allegheny County Local Rules: Both Philadelphia County (Philadelphia Court of Common Pleas) and Allegheny County have additional local rules governing appearances and withdrawals. Philadelphia uses its own eFiling system integrated with PACFile. Allegheny County requires compliance with local administrative orders. Always review applicable local rules before filing.

Pennsylvania Attorney ID Format: Six-digit number (e.g., Attorney ID No. 123456). Do not use "Bar Number" — this term is not used in Pennsylvania.

COURT CAPTION

IN THE COURT OF COMMON PLEAS OF [________________________________] COUNTY
PENNSYLVANIA
[________________________________] DIVISION

[________________________________],
Plaintiff,

v.

[________________________________],
Defendant.

Docket No.: [____________________________]
Term: [____________] No.: [____________]

PRAECIPE FOR SUBSTITUTION OF COUNSEL
(Pa.R.C.P. 1012(b)(2) and (f)(1))

PART I — IDENTIFICATION OF PARTIES TO SUBSTITUTION

Party Represented:
Name: [________________________________]
Role in Case: ☐ Plaintiff ☐ Defendant ☐ Third-Party Plaintiff ☐ Third-Party Defendant ☐ Intervenor ☐ Other: [________________]

Withdrawing Attorney:
Full Name: [________________________________]
Pennsylvania Attorney ID No.: [____________________]
Firm Name: [________________________________]
Street Address: [________________________________]
City, State, ZIP: [________________________________]
Telephone: [____________________________]
Fax: [____________________________]
Email: [________________________________]
Supreme Court of Pennsylvania Roll No. (if applicable): [____________________]

Incoming (Substituting) Attorney:
Full Name: [________________________________]
Pennsylvania Attorney ID No.: [____________________]
Firm Name: [________________________________]
Street Address: [________________________________]
City, State, ZIP: [________________________________]
Telephone: [____________________________]
Fax: [____________________________]
Email: [________________________________]

PART II — PRAECIPE FOR SUBSTITUTION OF COUNSEL

TO THE PROTHONOTARY:

Kindly enter the appearance of [________________________________], Pennsylvania Attorney ID No. [____________________], of [________________________________], as counsel for [________________________________] in the above-captioned matter, substituting for [________________________________], Pennsylvania Attorney ID No. [____________________], of [________________________________], who is simultaneously withdrawing appearance as counsel for [________________________________].

Pursuant to Pa.R.C.P. 1012(b)(2), this substitution of counsel is accomplished without leave of court because another attorney is simultaneously entering an appearance and this change of attorneys:

☐ Does not delay any stage of the litigation and will not cause prejudice to any party.

☐ Court Order Required: This substitution requires court approval because: [________________________________]
(If checked, complete Proposed Order — Part VIII)

The undersigned incoming attorney certifies that, to the best of my knowledge, information, and belief, this change of attorneys is not intended to, nor will it, delay this proceeding.

PART III — ENTRY OF APPEARANCE BY INCOMING COUNSEL

ENTRY OF APPEARANCE

TO THE PROTHONOTARY OF [________________________________] COUNTY:

Please enter the appearance of the undersigned as attorney for [________________________________] (☐ Plaintiff / ☐ Defendant / ☐ Other: [________________]) in the above-captioned matter.

Incoming Attorney Signature: ________________________________
Pennsylvania Attorney ID No.: [____________________]
Firm: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Phone: [____________________________]
Email: [________________________________]
Date: [__/__/____]

PART IV — WITHDRAWAL OF APPEARANCE BY WITHDRAWING COUNSEL

WITHDRAWAL OF APPEARANCE

TO THE PROTHONOTARY OF [________________________________] COUNTY:

Please withdraw the appearance of [________________________________], Pennsylvania Attorney ID No. [____________________], of [________________________________], as attorney for [________________________________] in the above-captioned matter. Another attorney, [________________________________], Pennsylvania Attorney ID No. [____________________], is simultaneously entering an appearance for the same party.

I certify that:
☐ This withdrawal does not delay any stage of the litigation.
☐ The client has been advised of this substitution and consents.
☐ All required notifications have been made under Pennsylvania RPC 1.16(d).

Withdrawing Attorney Signature: ________________________________
Pennsylvania Attorney ID No.: [____________________]
Date: [__/__/____]

PART V — PENDING MATTERS AND DEADLINE DISCLOSURE

Important: Withdrawing counsel should disclose all pending deadlines to incoming counsel and the client.

Statute of Limitations or Other Jurisdictional Deadline: [________________________________]

PART VI — CLIENT CONSENT AND ACKNOWLEDGMENT

I, [________________________________], the undersigned client, hereby consent to and authorize the substitution of [________________________________], Pennsylvania Attorney ID No. [____________________], as my attorney of record in the above-captioned matter, in place of [________________________________], Pennsylvania Attorney ID No. [____________________].

I understand and acknowledge the following:

☐ I have been advised of all pending hearings, deadlines, and obligations in this matter.
☐ I have received or have arranged to receive my complete client file from withdrawing counsel.
☐ Any outstanding attorney fees or costs owed to withdrawing counsel have been discussed and addressed in writing (if applicable).
☐ Withdrawing counsel has advised me of my rights, including the right to seek independent legal advice before consenting.
☐ This substitution does not affect any attorney fee lien withdrawing counsel may assert for services rendered.
☐ I have been informed that substitution does not automatically extend any deadlines.
☐ All further communications regarding this matter should be directed to incoming counsel.

Client Printed Name: [________________________________]

Client Signature: ________________________________ Date: [__/__/____]

If the party is a business entity:
Authorized Representative Name: [________________________________]
Title: [________________________________]
Entity Name: [________________________________]

PART VII — LOCAL RULES NOTES

Philadelphia County (Philadelphia Court of Common Pleas):
☐ This matter is pending in Philadelphia County. Counsel has reviewed Philadelphia Local Rules regarding appearances and withdrawals, including Phila. Civ. R. 202 and applicable administrative orders.
☐ PACFile / Philadelphia eFiling system used for electronic filing.
☐ Note: Philadelphia requires all attorneys of record to maintain an active PACFile account.

Allegheny County (Court of Common Pleas of Allegheny County):
☐ This matter is pending in Allegheny County. Counsel has reviewed Allegheny County Local Rules and administrative orders governing attorney appearances.
☐ Allegheny County uses PACFile for civil filings. Confirm e-filing enrollment and service contacts.

Other County Local Rules:
☐ Counsel has reviewed the local rules for [________________] County, Pennsylvania, and confirms compliance with any additional county-specific requirements for substitution of counsel.

Additional local rule note: [________________________________]

PART VIII — PRE-FILING CHECKLIST

Complete before filing with the Prothonotary or through PACFile:

☐ Praecipe for Substitution of Counsel prepared per Pa.R.C.P. 1012(f)(1) form
☐ Entry of Appearance by incoming attorney prepared simultaneously
☐ Withdrawal of Appearance by withdrawing attorney prepared
☐ Pennsylvania Attorney ID numbers verified for both attorneys
☐ Certification that substitution does not delay proceedings included
☐ Client consent obtained and signed
☐ All pending deadlines and hearings disclosed to incoming counsel
☐ PACFile account active and enrollment current for incoming attorney
☐ Service contacts updated in PACFile after filing
☐ Certificate of Service completed (Part X)
☐ Proposed Order prepared if court approval required (Part IX)
☐ Local rules for [________________] County reviewed (including Philadelphia or Allegheny if applicable)
☐ Client file transfer arrangements confirmed
☐ Fee arrangement and any attorney lien addressed in writing
☐ Pennsylvania RPC 1.16(d) obligations satisfied (client papers returned, unearned fees refunded)
☐ Copy of Praecipe sent to client at last known address

PART IX — PROPOSED ORDER

(Complete only if court approval is required — i.e., no simultaneous incoming appearance or substitution would cause delay)

IN THE COURT OF COMMON PLEAS OF [________________________________] COUNTY
PENNSYLVANIA
[________________________________] DIVISION

[________________________________],
Plaintiff,

v.

[________________________________],
Defendant.

Docket No.: [____________________________]

ORDER

AND NOW, this [____] day of [________________], 20[____], upon consideration of the Motion / Petition for Substitution of Counsel filed by [________________________________], and any response thereto, it is hereby:

ORDERED AND DECREED that:

1. The Motion for Substitution of Counsel is GRANTED.

2. [________________________________], Pennsylvania Attorney ID No. [____________________], of [________________________________], is hereby withdrawn as counsel of record for [________________________________] in the above-captioned matter, effective immediately.

3. [________________________________], Pennsylvania Attorney ID No. [____________________], of [________________________________], is hereby entered as counsel of record for [________________________________] in the above-captioned matter [OR: [________________________________] shall proceed as a self-represented party].

4. All future notices, pleadings, motions, and correspondence shall be directed to incoming counsel [or to the party directly] at the address indicated in the Praecipe.

5. [Other conditions, if any: ________________________________]

BY THE COURT:

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

PART X — SOURCES AND REFERENCES

• Pa.R.C.P. 1012 (Entry/Withdrawal/Substitution): https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/231/chapter1000/s1012.html
• Pennsylvania Rules of Professional Conduct 1.16: https://www.padisciplinaryboard.org/
• PACFile (Pennsylvania Courts eFiling): https://pacourts.us/e-services/pacfile
• Pennsylvania Attorney ID Lookup: https://www.padisciplinaryboard.org/for-the-public/find-attorney
• Philadelphia Court of Common Pleas Local Rules: https://www.courts.phila.gov/
• Allegheny County Court of Common Pleas: https://www.alleghenycourts.us/

PART XI — CERTIFICATE OF SERVICE

I, [________________________________], Pennsylvania Attorney ID No. [____________________], hereby certify that on [__/__/____], I caused a true and correct copy of the foregoing Praecipe for Substitution of Counsel to be served upon all parties and counsel of record in the above-captioned matter by the following method(s), pursuant to Pa.R.C.P. 440:

☐ PACFile Electronic Filing / Electronic Service (to parties registered on PACFile)
☐ First-Class U.S. Mail, postage prepaid, to parties not registered on PACFile
☐ Email (with consent of recipient): [________________________________]
☐ Hand Delivery
☐ Other: [________________________________]

Persons Served:

Signature: ________________________________

Printed Name: [________________________________]
Pennsylvania Attorney ID No.: [____________________]
Date: [__/__/____]

PRACTICE NOTES FOR PENNSYLVANIA ATTORNEYS

"Attorney ID" vs. "Bar Number": Pennsylvania does not use the term "Bar Number." Always use "Attorney ID" or "Attorney Identification Number" (assigned by the Supreme Court of Pennsylvania) on all court filings. Using "Bar Number" may cause filing rejections or administrative complications.

PACFile Enrollment: All attorneys filing in Pennsylvania state courts should be enrolled in PACFile. After substitution, incoming counsel must update service contact information within the system promptly, and withdrawing counsel should remove themselves from the service list.

Simultaneous Filing Requirement: The most efficient approach under Pa.R.C.P. 1012(b)(2) is to file the Praecipe for Withdrawal and the Entry of Appearance simultaneously in a single package. This avoids the need for court approval and ensures continuity of representation.

Philadelphia County Specific: Philadelphia's Court of Common Pleas has distinct administrative procedures. Verify current Philadelphia Civil Rule requirements and confirm that both attorneys are enrolled in the Philadelphia e-filing system.

Allegheny County Specific: Allegheny County has its own administrative orders governing civil practice. Contact the Allegheny County Prothonotary's office to confirm any additional requirements.

Pa.R.C.P. 1012(f) Forms: Rule 1012(f)(1) provides court-approved form language for the Praecipe for Substitution of Counsel. This template incorporates that language but counsel should verify the most current form against the current version of the Rules.

Fee Disputes and Attorney Liens: A dispute over fees does not entitle withdrawing counsel to withhold client files or impede the substitution. Address fee arrangements in a separate written agreement. Pennsylvania recognizes an attorney's charging lien on funds recovered in litigation; consult Pennsylvania RPC 1.16 and applicable case law.

No Delay Certification: The certification under Pa.R.C.P. 1012(b)(2) that the substitution will not cause delay is a substantive representation to the court. If there is any risk of delay, seek court approval proactively.

This template was last updated March 6, 2026. Pennsylvania court rules, local rules, and PACFile procedures change periodically. Always verify current Pa.R.C.P. provisions and local rules before use.