Substitution of Attorney

SUBSTITUTION OF ATTORNEY — RHODE ISLAND STATE COURT

JURISDICTION AND PROCEDURAL OVERVIEW

Governing Rules:
Rhode Island attorney substitutions are governed by the Rhode Island Superior Court Rules of Practice, the Rhode Island Superior Court Rules of Civil Procedure (R.I. Super. R. Civ. P.), and Rhode Island Rules of Professional Conduct (RPC) 1.16. The Rhode Island Judiciary operates an Electronic Filing System (EFS) for Superior Court and District Court filings. Article X of the Rhode Island Supreme Court Rules Governing Electronic Filing governs e-filing procedures, including effective filing dates and rejection/acceptance procedures.

Court Approval Requirements:
Under the Rhode Island Superior Court Rules of Practice, no attorney appearing in any case will be allowed to withdraw without the consent of the court, except where another attorney enters an appearance at the time of such withdrawal. When a simultaneous substitution occurs (new counsel entering at the same time as existing counsel withdraws), no prior court order is required. For all other withdrawals, a motion with reasonable notice to the client and other parties is required.

Client Address Requirement:
When an attorney withdraws without a simultaneous new appearance, the attorney must file with the clerk the client's last known address, or the client must file their own address, so that notices may be sent to the client. This is a mandatory requirement under Rhode Island Superior Court Rules of Practice.

Rhode Island Bar Number Format: Rhode Island Bar numbers are issued by the Rhode Island Supreme Court and typically appear as numeric identifiers. Confirm the current format with the Rhode Island Bar (typically four to six digits).

EFS (Electronic Filing System): The Rhode Island Judiciary EFS accepts electronically filed documents for Superior Court and District Court matters. After filing, the court reviews submissions and notifies the filer of acceptance or rejection. Upon acceptance, the document is docketed with the date and time of filing per Article X, Rule 5(b) of the Rhode Island Supreme Court Rules Governing Electronic Filing.

COURT CAPTION

STATE OF RHODE ISLAND

[________________________________] COURT
[________________________________] COUNTY

C.A. No.: [____________________________]

[________________________________],
Plaintiff,

v.

[________________________________],
Defendant.

NOTICE OF SUBSTITUTION OF ATTORNEY AND
[WITHDRAWAL / ENTRY OF APPEARANCE]

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: [________________________________]
Rhode Island Bar No.: [____________________]
Firm Name: [________________________________]
Street Address: [________________________________]
City, State, ZIP: [________________________________]
Telephone: [____________________________]
Fax: [____________________________]
Email: [________________________________]

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

PART II — NOTICE OF SUBSTITUTION

PLEASE TAKE NOTICE that, pursuant to the Rhode Island Superior Court Rules of Practice and Rhode Island Rules of Professional Conduct 1.16, [________________________________] (the "Party") hereby substitutes [________________________________] (R.I. Bar No. [____________________]) and the law firm of [________________________________] as attorney and counsel of record in the above-captioned action, in place of and substituting for [________________________________] (R.I. Bar No. [____________________]) and the law firm of [________________________________], effective upon the filing and acceptance of this Notice through the Rhode Island Judiciary Electronic Filing System [or upon entry of the accompanying Proposed Order].

All future pleadings, motions, notices, correspondence, and other papers in this action should be directed to incoming counsel at the address set forth above.

PART III — BASIS FOR SUBSTITUTION

Select the applicable basis:

☐ A. Simultaneous Substitution (No Court Order Required): Incoming counsel is entering an appearance simultaneously with this withdrawal. Pursuant to Rhode Island Superior Court Rules of Practice, court consent is not required when another attorney enters an appearance at the time of withdrawal.

☐ B. Client-Initiated Substitution with Simultaneous New Appearance: The client has discharged existing counsel and retained new counsel, who enters their appearance simultaneously. No court order required.

☐ C. Motion / Court Consent Required (Attach Proposed Order and Motion): No substitute attorney is simultaneously entering an appearance. Withdrawing attorney is seeking court consent per the Rhode Island Superior Court Rules of Practice. See Proposed Order (Part VIII). Reasonable notice has been provided to the client and all parties.

☐ D. Mutual Consent of All Parties and Court: All parties and the court consent to this substitution, as documented by the signatures below.

PART IV — CLIENT'S LAST KNOWN ADDRESS

(Required when no new attorney is simultaneously entering an appearance — Rhode Island Superior Court Rules of Practice)

If no incoming counsel is simultaneously entering an appearance, provide the client's last known address for clerk's records:

Client Name: [________________________________]
Last Known Address: [________________________________]
City, State, ZIP: [________________________________]
Phone: [____________________________]
Email (if known): [________________________________]

☐ Client has separately filed their address with the clerk.
☐ This address is the official address to which all future notices shall be sent until new counsel enters an appearance or the case is resolved.

PART V — PENDING MATTERS AND DEADLINE DISCLOSURE

Withdrawing counsel must disclose all pending deadlines and hearings 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 [________________________________] (R.I. Bar No. [____________________]) as my attorney of record in the above-captioned matter, in place of [________________________________] (R.I. Bar No. [____________________]).

I understand and acknowledge the following:

☐ I have been fully informed of the status of this matter, including all pending hearings and deadlines.
☐ I have been advised of my right to seek independent legal advice before consenting to this substitution.
☐ I have received or have arranged for the transfer of my complete client file to incoming counsel.
☐ Outstanding attorney fees or costs owed to withdrawing counsel have been discussed and addressed (if applicable).
☐ This substitution does not affect any attorney charging lien that withdrawing counsel may assert.
☐ I understand that substitution does not automatically extend any deadlines.
☐ I consent to the filing of my last known address with the clerk, if required.

Client Printed Name: [________________________________]

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

If signed by authorized representative:
Name: [________________________________]
Capacity: [________________________________]
Entity: [________________________________]

PART VII — SIGNATURES OF COUNSEL

Withdrawing Attorney Statement:

I, [________________________________] (R.I. Bar No. [____________________]), state that I am withdrawing as counsel of record for [________________________________] in the above-captioned matter. I have complied with the requirements of Rhode Island Rules of Professional Conduct 1.16, including providing the client with notice of all pending deadlines and hearings, and have taken steps to protect the client's interests. [Where required: I have filed or am simultaneously filing the client's last known address with the clerk.]

Withdrawing Attorney Signature: ________________________________
Printed Name: [________________________________]
R.I. Bar No.: [____________________]
Date: [__/__/____]

Entry of Appearance — Incoming (Substituting) Attorney:

I, [________________________________], am licensed to practice law in Rhode Island (R.I. Bar No. [____________________]) and hereby enter my appearance as attorney of record for [________________________________] in the above-captioned matter. I have reviewed the case status, am prepared to assume full responsibility for this matter, and have received (or have arranged to receive) the client file from withdrawing counsel.

Incoming Attorney Signature: ________________________________
Printed Name: [________________________________]
R.I. Bar No.: [____________________]
Firm: [________________________________]
Address: [________________________________]
Phone: [____________________________]
Email: [________________________________]
Date: [__/__/____]

PART VIII — PRE-FILING CHECKLIST

Complete before filing through the Rhode Island Judiciary EFS:

☐ Rhode Island Judiciary EFS account active and current for incoming attorney
☐ Correct case number and court division confirmed
☐ Notice of Substitution / Notice of Appearance filed together as a single package
☐ Client consent obtained and signed
☐ Withdrawing attorney has signed
☐ Incoming attorney has signed and entered appearance simultaneously (if applicable)
☐ Client's last known address filed with clerk (if no simultaneous incoming appearance)
☐ All pending deadlines and hearings disclosed
☐ Motion and Proposed Order prepared if court consent required (Part IX)
☐ Certificate of Service completed (Part XI)
☐ EFS service contacts updated after acceptance of filing
☐ Copy of notice provided to client
☐ Client file transfer arrangements confirmed
☐ Rhode Island RPC 1.16(d) obligations met (papers and unearned funds returned)
☐ Any fee dispute or attorney lien addressed in separate written communication
☐ R.I. Bar numbers verified for both attorneys

PART IX — PROPOSED ORDER

(Complete only if court consent is required — i.e., no simultaneous new appearance)

STATE OF RHODE ISLAND

SUPERIOR COURT
[________________________________] COUNTY

C.A. No.: [____________________________]

[________________________________],
Plaintiff,

v.

[________________________________],
Defendant.

ORDER GRANTING WITHDRAWAL OF COUNSEL /
SUBSTITUTION OF ATTORNEY

This matter came before the Court on the Motion of [________________________________] (R.I. Bar No. [____________________]) to withdraw as counsel of record for [________________________________] [and to permit [________________________________] (R.I. Bar No. [____________________]) to substitute as incoming counsel / and to permit the party to proceed pro se].

The Court, having reviewed the Motion, any objections filed, and the record in this matter, and finding that reasonable notice has been provided to the client and all parties, and good cause appearing:

IT IS HEREBY ORDERED that:

1. The Motion for Withdrawal [and Substitution] of Counsel is GRANTED.

2. [________________________________] (R.I. Bar No. [____________________]) is withdrawn as counsel of record for [________________________________], effective immediately upon entry of this Order.

3. [________________________________] (R.I. Bar No. [____________________]), of [________________________________], is hereby substituted as attorney of record for [________________________________] [OR: [________________________________] shall proceed as a self-represented party. The official address for notices is: [________________________________]].

4. All future pleadings, notices, and correspondence shall be directed to incoming counsel [or to the party] at the address shown in the Notice of Substitution.

5. [Additional conditions: ________________________________]

ENTERED: [__/__/____]

________________________________
Justice / Associate Justice
Rhode Island Superior Court

PART X — SOURCES AND REFERENCES

• Rhode Island Superior Court Rules of Civil Procedure: https://www.courts.ri.gov/Legal-Resources/Pages/Superior-Court-Rules.aspx
• Rhode Island Superior Court Rules of Practice: https://www.courts.ri.gov/Courts/superiorcourt/Documents/SuperiorCourtRulesOfPractice.pdf
• Rhode Island Supreme Court Rules Governing Electronic Filing: https://www.courts.ri.gov/
• Rhode Island Judiciary EFS: https://www.courts.ri.gov/services/efiling/
• Rhode Island Rules of Professional Conduct 1.16: https://www.ribar.com/
• Rhode Island Bar Member Directory: https://www.ribar.com/

PART XI — CERTIFICATE OF SERVICE

I, [________________________________], hereby certify that on [__/__/____], I caused a true and correct copy of the foregoing Notice of Substitution of Attorney to be served upon all counsel and parties of record in the above-captioned matter by the following method(s), pursuant to R.I. Super. R. Civ. P. 5:

☐ Rhode Island Judiciary Electronic Filing System (EFS) — Electronic service to registered participants
☐ Email (with consent): [________________________________]
☐ First-Class U.S. Mail, postage prepaid
☐ Hand Delivery
☐ Other: [________________________________]

Persons Served:

Signature: ________________________________
Printed Name: [________________________________]
R.I. Bar No.: [____________________]
Date: [__/__/____]

PRACTICE NOTES FOR RHODE ISLAND ATTORNEYS

Court Consent Requirement: Rhode Island's default rule is that court consent is required to withdraw. The exception — which allows withdrawal without court consent — applies only when incoming counsel simultaneously enters an appearance. If any doubt exists about whether the simultaneous-entry exception applies, file a motion and obtain an order.

Client Address Filing: When no incoming counsel simultaneously appears, the filing of the client's last known address with the clerk is mandatory, not optional. This ensures the client can receive notices after withdrawal.

EFS Acceptance and Filing Date: Under Article X, Rule 5(b) of the Rhode Island Supreme Court Rules Governing Electronic Filing, the filing date is the date and time of acceptance into the docket, not the date of submission. Monitor EFS notifications promptly. If a filing is rejected, refile before any deadlines expire.

Superior Court vs. District Court: This template is primarily designed for Rhode Island Superior Court practice. Rhode Island District Court has its own Electronic Filing System Guidelines with separate procedures. Confirm the applicable court's rules before use.

Providence County and Other Counties: Rhode Island Superior Court operates county-based courthouses (Providence/Bristol, Kent, Newport, Washington). The court caption should reflect the correct county.

Rhode Island RPC 1.16(d): Upon termination of representation, withdrawing counsel must promptly return client papers and property, refund any unearned advance fees, and take steps to protect the client's interests. An attorney charging lien on a recovery does not permit withholding of client files.

Deadlines Are Not Extended: Substitution of counsel does not automatically stay proceedings or extend any deadlines. If incoming counsel needs additional time to get up to speed, a separate motion for continuance should be filed promptly and simultaneously.

Pro Hac Vice Attorneys: Out-of-state attorneys admitted pro hac vice in Rhode Island must comply with Rhode Island Supreme Court Rules governing pro hac vice admission and must associate with Rhode Island counsel.

This template was last updated March 6, 2026. Rhode Island court rules and EFS procedures change periodically. Always verify current rules with the Rhode Island Judiciary and Rhode Island Bar before use.