Substitution of Attorney

SUBSTITUTION OF ATTORNEY — SOUTH CAROLINA STATE COURT

JURISDICTION AND PROCEDURAL OVERVIEW

Governing Rules:
South Carolina attorney substitutions are governed by Rule 11(b), SCRCP, and the South Carolina Rules of Professional Conduct 1.16. The South Carolina Judicial Branch operates a statewide eFiling system for Circuit Court filings. The electronic signature requirements for e-filed documents are governed by Rule 11, SCRCP, and require the attorney's name, physical address, telephone number, email address, and South Carolina Bar Number in the signature block.

Procedure Under Rule 11(b), SCRCP:
An attorney wishing to withdraw when another attorney is substituting files Form 355ES (or a substantially similar document). The court may grant the withdrawal and substitution upon motion, with written notice of any change of attorney served as provided by Rule 5, SCRCP.

Simultaneous Filing of New Notice of Appearance:
South Carolina practice requires that when substituting attorneys, the incoming attorney should simultaneously file a Notice of Appearance (separate document or combined with the substitution notice). This ensures continuity and avoids any gap in representation on the court's docket.

Court Approval:
A motion or consent order is typically required for withdrawal unless incoming counsel simultaneously appears. For contested or unilateral withdrawals, a formal motion with notice to the client and all parties is required.

South Carolina Bar Number Format: South Carolina Bar numbers are numeric identifiers issued by the South Carolina Supreme Court (e.g., SC Bar No. 12345). Always include the SC Bar Number on all court filings per Rule 11, SCRCP e-filing requirements.

COURT CAPTION

STATE OF SOUTH CAROLINA
IN THE COURT OF COMMON PLEAS
[____] JUDICIAL CIRCUIT
COUNTY OF [________________________________]

[________________________________],
Plaintiff,

v.

[________________________________],
Defendant.

Case No.: [____________________________]

NOTICE OF SUBSTITUTION OF COUNSEL AND
NOTICE OF APPEARANCE OF INCOMING COUNSEL
(Pursuant to Rule 11(b), SCRCP)

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

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

PART II — NOTICE OF SUBSTITUTION OF COUNSEL

PLEASE TAKE NOTICE that, pursuant to Rule 11(b), SCRCP, [________________________________] (the "Party") hereby substitutes [________________________________] (SC Bar No. [____________________]) and the law firm of [________________________________] as attorney and counsel of record in the above-captioned action, in place of and substituting for [________________________________] (SC Bar No. [____________________]) and the law firm of [________________________________].

This Notice of Substitution is effective upon [☐ filing / ☐ entry of the accompanying Order].

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

PART III — NOTICE OF APPEARANCE OF INCOMING COUNSEL

(Filed simultaneously with this Notice of Substitution)

TO THE CLERK OF COURT AND ALL PARTIES OF RECORD:

PLEASE TAKE NOTICE that [________________________________], SC Bar No. [____________________], of the law firm of [________________________________], hereby enters an appearance as counsel of record for [________________________________] (☐ Plaintiff / ☐ Defendant / ☐ Other: [________________]) in the above-captioned matter, substituting for [________________________________], SC Bar No. [____________________], as of the date of filing of this Notice.

Incoming Attorney Signature: ________________________________

[________________________________]
SC Bar No.: [____________________]
[________________________________]
[________________________________], SC [____________________]
Telephone: [____________________________]
Facsimile: [____________________________]
Email: [________________________________]

PART IV — BASIS FOR SUBSTITUTION

Select the applicable basis:

☐ A. Consent of All Parties and Simultaneous Appearance (No Court Order Required): Incoming counsel is entering an appearance simultaneously with this withdrawal. The client, withdrawing attorney, and incoming attorney all consent to this substitution. Written notice is served per Rule 5, SCRCP.

☐ B. Client-Directed Substitution with Simultaneous New Appearance: The client has retained new counsel who simultaneously enters an appearance. No court order required.

☐ C. Court Order Required — Motion Filed Simultaneously (Attach Motion and Proposed Order): No substitute attorney is simultaneously entering an appearance, OR the substitution is contested. Withdrawing attorney is seeking leave of court. See Motion and Proposed Order (Part IX).

PART V — PENDING MATTERS AND DEADLINE DISCLOSURE

Withdrawing counsel must communicate all pending deadlines and hearings to incoming counsel and the client.

Statute of Limitations or Other Critical Deadline: [________________________________]

PART VI — CLIENT CONSENT AND ACKNOWLEDGMENT

I, [________________________________], the undersigned client, hereby consent to and authorize the substitution of [________________________________] (SC Bar No. [____________________]) as my attorney of record in the above-captioned matter, in place of [________________________________] (SC 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 in writing (if applicable).
☐ This substitution does not affect any attorney fee lien that withdrawing counsel may assert.
☐ I understand that substitution does not automatically extend any deadlines or stay any proceedings.

Client Printed Name: [________________________________]

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

If signed by authorized representative:
Name: [________________________________]
Capacity: [________________________________] (e.g., Corporate Officer, Guardian, Trustee)
Entity Name: [________________________________]

PART VII — SIGNATURES OF COUNSEL

Withdrawing Attorney:

I, [________________________________], SC Bar No. [____________________], hereby withdraw as counsel of record for [________________________________] in the above-captioned matter. I have complied with the requirements of South Carolina Rules of Professional Conduct 1.16, have provided the client with notice of all pending deadlines and hearings, and have taken steps to protect the client's interests during this transition.

Withdrawing Attorney Signature: ________________________________

[________________________________]
SC Bar No.: [____________________]
[________________________________]
[________________________________], SC [____________________]
Telephone: [____________________________]
Email: [________________________________]
Date: [__/__/____]

PART VIII — PRE-FILING CHECKLIST

Complete before filing through the South Carolina eFiling system:

☐ Rule 11(b), SCRCP compliance verified
☐ Notice of Substitution prepared
☐ Separate Notice of Appearance filed simultaneously by incoming counsel
☐ SC Bar Numbers included in all signature blocks per Rule 11 e-filing requirements
☐ Physical address, telephone number, and email included in all signature blocks
☐ Client consent obtained and signed
☐ Withdrawing attorney has signed
☐ Incoming attorney has signed and filed Notice of Appearance
☐ All pending deadlines and hearings disclosed to incoming counsel
☐ SC eFiling system account active for incoming attorney
☐ Service contacts updated in SC eFiling system after filing
☐ Written notice of change of attorney served per Rule 5, SCRCP
☐ Certificate of Service completed (Part XI)
☐ Motion and Proposed Order prepared if court approval required (Part IX)
☐ Copy of substitution notice sent to client
☐ Client file transfer arrangements confirmed
☐ SC RPC 1.16(d) obligations met (client papers returned, unearned fees refunded)
☐ Attorney fee lien or outstanding fees addressed in writing (if applicable)

PART IX — MOTION FOR WITHDRAWAL AND PROPOSED ORDER

(Complete only if court approval is required)

STATE OF SOUTH CAROLINA
IN THE COURT OF COMMON PLEAS
[____] JUDICIAL CIRCUIT
COUNTY OF [________________________________]

[________________________________],
Plaintiff,

v.

[________________________________],
Defendant.

Case No.: [____________________________]

MOTION FOR WITHDRAWAL OF COUNSEL
AND SUBSTITUTION OF ATTORNEY

[________________________________] (SC Bar No. [____________________]), withdrawing attorney for [________________________________], respectfully moves this Court for an Order permitting withdrawal and substitution of counsel, and in support thereof states:

1. Undersigned counsel represents [________________________________] (☐ Plaintiff / ☐ Defendant) in the above-captioned matter.

2. Good cause exists for withdrawal as follows: [________________________________]

3. ☐ Incoming counsel [________________________________] (SC Bar No. [____________________]) will simultaneously enter an appearance.
   ☐ No incoming counsel has been retained at this time. The client's last known address is: [________________________________].

4. Notice of this Motion has been provided to the client at [________________________________] by [☐ certified mail / ☐ hand delivery / ☐ email] on [__/__/____].

5. Notice has been served on all other parties of record per Rule 5, SCRCP.

6. The following pending deadlines are noted: [________________________________]

7. This withdrawal [☐ will / ☐ will not] prejudice the client or delay the proceedings.

WHEREFORE, withdrawing counsel respectfully requests that this Court enter an Order granting withdrawal [and substitution] of counsel.

Respectfully submitted,

________________________________
[________________________________]
SC Bar No.: [____________________]
[________________________________]
[________________________________], SC [____________________]
Telephone: [____________________________]
Email: [________________________________]
Date: [__/__/____]

ORDER

THIS MATTER came before the Court on the Motion of [________________________________] to withdraw as counsel for [________________________________].

The Court, having considered the Motion and any response, and finding good cause:

IT IS ORDERED that:

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

2. [________________________________] (SC Bar No. [____________________]) is relieved as counsel of record for [________________________________], effective immediately.

3. [________________________________] (SC Bar No. [____________________]), of [________________________________], is substituted as counsel of record for [________________________________] [OR: [________________________________] shall proceed as a self-represented party].

4. Written notice of this change of attorney shall be served as provided by Rule 5, SCRCP.

5. [Additional conditions: ________________________________]

IT IS SO ORDERED.

________________________________
Circuit Court Judge
[____] Judicial Circuit

ENTERED: [__/__/____]

PART X — SOURCES AND REFERENCES

• South Carolina Rules of Civil Procedure (SCRCP): https://www.sccourts.org/courtReg/displayRules.cfm?rulesKey=3
• SCRCP Rule 11 (Form 355ES): https://www.sccourts.org/media/forms/pdf/355ES.pdf
• South Carolina eFiling: https://www.sccourts.org/efiling/
• South Carolina Rules of Professional Conduct 1.16: https://www.scbar.org/
• South Carolina Bar Member Directory: https://www.scbar.org/

PART XI — CERTIFICATE OF SERVICE

I, [________________________________], SC Bar No. [____________________], hereby certify that on [__/__/____], I caused a true and correct copy of the foregoing Notice of Substitution of Counsel and Notice of Appearance to be served upon all parties and counsel of record in the above-captioned matter by the following method(s), pursuant to Rule 5, SCRCP:

☐ South Carolina Judicial Branch eFiling System (electronic service to registered participants)
☐ Email (with consent of recipient): [________________________________]
☐ First-Class U.S. Mail, postage prepaid
☐ Hand Delivery
☐ Certified Mail, Return Receipt Requested
☐ Other: [________________________________]

Persons Served:

Signature: ________________________________

[________________________________]
SC Bar No.: [____________________]
Date: [__/__/____]

PRACTICE NOTES FOR SOUTH CAROLINA ATTORNEYS

Simultaneous Notice of Appearance Required: South Carolina practice requires that incoming counsel file a separate Notice of Appearance simultaneously with the substitution notice. Confirm that the new attorney's appearance is docketed at the same time to avoid any gap in representation showing on the court's record.

Rule 11 E-Filing Signature Requirements: All e-filed documents must include the attorney's electronic signature, name, SC Bar Number, physical address, telephone number, and email address in the signature block. Failure to include required identifying information may result in rejection.

Form 355ES: The South Carolina Judicial Branch publishes Form 355ES (SCRCP 11(b)) for substitution and withdrawal. This template is substantially equivalent but counsel should confirm the current form version on the SCJB website.

Judicial Circuit Caption: South Carolina Circuit Courts are organized by judicial circuit. Include the correct circuit number in the caption. Verify the applicable circuit for the county where the action is pending.

SC RPC 1.16(d) Obligations: Upon termination of representation, counsel must promptly return client papers and property, refund any unearned advance fees, and take all reasonable steps to protect the client's interests. A fee dispute does not justify withholding client files.

Pending Case Roster: South Carolina Circuit Courts maintain case rosters and call dates. Confirm all upcoming roster or call dates with the clerk and ensure incoming counsel is prepared to appear or file notice as needed.

Multiple Defendants/Plaintiffs: If the substituting party is one of multiple represented defendants or plaintiffs, confirm that service of the substitution notice is made on all counsel for all parties, including co-parties.

Attorney Fee Liens: South Carolina recognizes attorneys' charging liens on recoveries from litigation. Withdrawing counsel should address any fee lien in writing and separately from this substitution document.

This template was last updated March 6, 2026. South Carolina court rules and eFiling procedures change periodically. Always verify current SCRCP provisions, Form 355ES, and SC eFiling requirements before use.