Substitution of Attorney

SUBSTITUTION OF ATTORNEY — TENNESSEE STATE COURT

JURISDICTION AND PROCEDURAL OVERVIEW

Governing Rules:
Tennessee attorney substitutions are governed by Tenn. R. Civ. P. 11.01 (signature requirements), Tenn. R. Civ. P. 5.02 (service), Tennessee Supreme Court Rules 46 and 46A (electronic filing and service), and Tennessee Rules of Professional Conduct 1.16. Every pleading and paper filed in Tennessee must be signed by at least one attorney of record and must contain the attorney's Board of Professional Responsibility (BPR) license number (also called "BPR No." or "Tennessee BPR No."). This is not a "Bar Number" in the traditional sense — it is the BPR license number issued by the Tennessee Supreme Court's Board of Professional Responsibility.

Tennessee Courts Online / E-Filing Vendors:
Electronic filing in Tennessee is available in numerous Chancery, Circuit, Criminal, Probate, General Sessions, and Juvenile Courts throughout the state. The pre-approved e-filing vendors are:

• ImageSoft (TrueFiling)
• Intresys (TurboCourt)
• Tybera (eFlex)
• Tyler Technologies (Odyssey/File & Serve)

Confirm the applicable vendor for the court in which the action is pending. Tennessee Supreme Court Rule 46 governs electronic filing requirements.

Electronic Service (Rule 46A):
Upon filing of a notice of limited scope representation or standard appearance, service of e-filed papers is made electronically per Tenn. R. Civ. P. 5.02 and Supreme Court Rule 46A. Parties who are registered filers receive electronic service; others must be served by mail or hand delivery.

Procedure:
Tennessee does not have a single rule specifically labeled "substitution of attorney." The general procedure is:

1. Consent Substitution: When the client, withdrawing attorney, and incoming attorney all consent, a Notice of Substitution is filed with a simultaneously filed Entry of Appearance by incoming counsel. No court order is required.

2. Motion to Withdraw (Court Order Required): If the client has not consented or no incoming attorney is simultaneously appearing, withdrawing counsel must file a Motion to Withdraw, provide notice to the client and all parties, and obtain a court order before withdrawal is effective.

BPR License Number Format: Tennessee BPR numbers are typically five to six digits (e.g., BPR No. 012345). All court filings must include the BPR number per Tenn. R. Civ. P. 11.01.

COURT CAPTION

IN THE [CIRCUIT / CHANCERY / GENERAL SESSIONS / PROBATE] COURT
FOR [________________________________] COUNTY, TENNESSEE

[________________________________],
Plaintiff,

v.

[________________________________],
Defendant.

Docket No.: [____________________________]

NOTICE OF SUBSTITUTION OF ATTORNEY AND
ENTRY OF APPEARANCE OF INCOMING COUNSEL

PART I — IDENTIFICATION OF PARTIES TO SUBSTITUTION

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

Withdrawing Attorney:
Full Name: [________________________________]
Tennessee BPR No.: [____________________]
Firm Name: [________________________________]
Street Address: [________________________________]
City, State, ZIP: [________________________________]
Telephone: [____________________________]
Fax: [____________________________]
Email: [________________________________]

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

PART II — NOTICE OF SUBSTITUTION

PLEASE TAKE NOTICE that, pursuant to Tenn. R. Civ. P. 11.01 and Tennessee Rules of Professional Conduct 1.16, [________________________________] (the "Party") hereby substitutes [________________________________] (BPR No. [____________________]) and the law firm of [________________________________] as attorney and counsel of record in the above-captioned action, in place of and substituting for [________________________________] (BPR No. [____________________]) and the law firm of [________________________________], effective upon the filing of this Notice [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 — ENTRY OF APPEARANCE BY INCOMING COUNSEL

(Filed simultaneously with this Notice of Substitution)

TO THE CLERK OF COURT AND ALL PARTIES OF RECORD:

PLEASE TAKE NOTICE that [________________________________], Tennessee BPR 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 [________________________________], BPR No. [____________________], effective as of the date of this filing.

Incoming Attorney Signature: ________________________________

[________________________________]
BPR No.: [____________________]
[________________________________]
[________________________________], TN [____________________]
Telephone: [____________________________]
Email: [________________________________]
Date: [__/__/____]

PART IV — BASIS FOR SUBSTITUTION

Select the applicable basis:

☐ A. Consent Substitution — Simultaneous New Appearance (No Court Order Required): The client, withdrawing attorney, and incoming attorney all consent. Incoming counsel is simultaneously entering an appearance. No court order is required.

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

☐ C. Motion to Withdraw Required (No Incoming Counsel / No Client Consent): No incoming attorney is simultaneously appearing, or the client has not consented. Withdrawing attorney must file a Motion to Withdraw and obtain a court order. See Part IX.

☐ D. Limited Scope Representation Completion: Withdrawing attorney provided limited scope representation and has filed a Notice of Completion of Limited Scope Representation per Tenn. R. Civ. P. 11.01(b), with at least 14 days' advance written notice to the client.

PART V — COURT TYPE AND DIVISION

☐ Circuit Court — Civil Division
☐ Circuit Court — Other: [________________]
☐ Chancery Court
☐ General Sessions Court
☐ Probate Court
☐ Other: [________________]

County: [________________________________]
Judge / Chancellor: [________________________________]
Division / Part: [________________]
E-Filing Vendor for This Court: [________________________________]
(Confirm: ImageSoft/TrueFiling, Intresys/TurboCourt, Tybera/eFlex, or Tyler/Odyssey)

PART VI — 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 Critical Deadline: [________________________________]

PART VII — CLIENT CONSENT AND ACKNOWLEDGMENT

I, [________________________________], the undersigned client, hereby consent to and authorize the substitution of [________________________________] (BPR No. [____________________]) as my attorney of record in the above-captioned matter, in place of [________________________________] (BPR 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.
☐ I consent to electronic service at incoming counsel's address for all future filings.

Client Printed Name: [________________________________]

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

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

PART VIII — SIGNATURES OF COUNSEL

Withdrawing Attorney Declaration:

I, [________________________________], BPR No. [____________________], declare that I am withdrawing as counsel of record for [________________________________] in the above-captioned matter. I have complied with the requirements of Tennessee Rules of Professional Conduct 1.16 and Tenn. R. Civ. P. 11.01, 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: ________________________________

[________________________________]
BPR No.: [____________________]
[________________________________]
[________________________________], TN [____________________]
Telephone: [____________________________]
Email: [________________________________]
Date: [__/__/____]

Incoming Attorney Acknowledgment:

I, [________________________________], BPR No. [____________________], acknowledge that I am entering my appearance as attorney of record for [________________________________] in the above-captioned matter, that I have reviewed the case status, and that I am prepared to assume full responsibility for this matter.

Incoming Attorney Signature: ________________________________

[________________________________]
BPR No.: [____________________]
[________________________________]
[________________________________], TN [____________________]
Telephone: [____________________________]
Email: [________________________________]
Date: [__/__/____]

PART IX — PRE-FILING CHECKLIST

Complete before filing through the applicable Tennessee e-filing vendor:

☐ Correct Tennessee e-filing vendor confirmed for this court and county
☐ E-filing account active for incoming attorney on applicable vendor platform
☐ BPR numbers included on all signature blocks (required by Tenn. R. Civ. P. 11.01)
☐ Notice of Substitution and Entry of Appearance filed simultaneously
☐ Client consent obtained and signed
☐ Withdrawing attorney has signed
☐ Incoming attorney has signed and entered appearance
☐ All pending deadlines and hearings disclosed
☐ Service completed per Tenn. R. Civ. P. 5.02 (electronic to registered filers; mail/hand delivery to others)
☐ Service contacts updated in e-filing system after acceptance
☐ Motion to Withdraw and Proposed Order prepared if court approval required (Part X)
☐ Certificate of Service completed (Part XII)
☐ Copy of Notice provided to client
☐ Client file transfer arrangements confirmed
☐ TN RPC 1.16(d) obligations met (client papers returned, unearned fees refunded)
☐ Attorney fee lien or outstanding fees addressed in writing (if applicable)
☐ BPR numbers verified for both attorneys on Tennessee Board of Professional Responsibility website

PART X — MOTION TO WITHDRAW AND PROPOSED ORDER

(Complete only if court approval is required — no simultaneous incoming counsel or no client consent)

IN THE [CIRCUIT / CHANCERY / GENERAL SESSIONS] COURT
FOR [________________________________] COUNTY, TENNESSEE

[________________________________],
Plaintiff,

v.

[________________________________],
Defendant.

Docket No.: [____________________________]

MOTION TO WITHDRAW AS COUNSEL OF RECORD

[________________________________] (BPR No. [____________________]), counsel of record for [________________________________], respectfully moves this Court for an Order permitting withdrawal of appearance as counsel of record, and in support states:

1. Undersigned counsel represents [________________________________] (☐ Plaintiff / ☐ Defendant) in this matter.

2. Good cause exists for withdrawal consistent with Tennessee Rules of Professional Conduct 1.16, as follows: [________________________________]

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

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

5. Notice has been served on all parties of record per Tenn. R. Civ. P. 5.02.

6. The following pending deadlines may be affected:
   [________________________________]

7. Withdrawal [☐ will / ☐ will not] result in material prejudice to the client or delay to the proceedings.

WHEREFORE, undersigned counsel respectfully requests that this Court enter an Order granting withdrawal of appearance as counsel of record.

Respectfully submitted,

________________________________
[________________________________], BPR No.: [____________________]
[________________________________]
[________________________________], TN [____________________]
Telephone: [____________________________]
Email: [________________________________]
Date: [__/__/____]

ORDER GRANTING WITHDRAWAL [AND SUBSTITUTION] OF COUNSEL

THIS MATTER came before the Court on the Motion of [________________________________] (BPR No. [____________________]) to withdraw as counsel for [________________________________].

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

IT IS HEREBY ORDERED that:

1. The Motion to Withdraw as Counsel of Record is GRANTED.

2. [________________________________] (BPR No. [____________________]) is withdrawn as counsel of record for [________________________________], effective immediately.

3. ☐ [________________________________] (BPR No. [____________________]) is hereby substituted as attorney of record for [________________________________].
   ☐ [________________________________] shall proceed as a self-represented party. Notices shall be sent to: [________________________________].

4. [Additional conditions, including any continuance of pending deadlines: ________________________________]

ENTERED this [____] day of [________________], 20[____].

________________________________
[Circuit Court Judge / Chancellor]
[________________________________] County, Tennessee

PART XI — SOURCES AND REFERENCES

• Tennessee Rules of Civil Procedure: https://www.tncourts.gov/courts/supreme-court/rules/rules-civil-procedure
• Tenn. R. Civ. P. 11.01 (Signature): https://www.tncourts.gov/courts/rules-civil-procedure/rules/rules-civil-procedure-rules/rule-1101-signature
• Tenn. R. Civ. P. 5.02 (Service): https://www.tncourts.gov/rules/rules-civil-procedure/502
• Tennessee Supreme Court Rule 46 (Electronic Filing): https://tncourts.gov/rules/supreme-court/46
• Tennessee Supreme Court Rule 46A (Electronic Service): https://www.tncourts.gov/courts/supreme-court/rules/supreme-court-rules/rule-46a-electronic-service-papers-e-filed-pursuant
• Tennessee Board of Professional Responsibility: https://www.tbpr.org/
• Tennessee e-Filing Courts and Vendors: https://www.tncourts.gov/e-filing
• Tennessee Rules of Professional Conduct 1.16: https://www.tbpr.org/

PART XII — CERTIFICATE OF SERVICE

I, [________________________________], BPR No. [____________________], hereby certify that on [__/__/____], I caused a true and correct copy of the foregoing Notice of Substitution of Attorney to be served upon all parties and counsel of record in the above-captioned matter by the following method(s), pursuant to Tenn. R. Civ. P. 5.02:

☐ Tennessee e-filing system — Electronic service to registered e-filers (per Supreme Court Rule 46A)
☐ Email (to parties or counsel who have consented to or who are registered for electronic service)
☐ First-Class U.S. Mail, postage prepaid
☐ Hand Delivery
☐ Certified Mail, Return Receipt Requested
☐ Other: [________________________________]

Persons Served:

Signature: ________________________________

[________________________________]
BPR No.: [____________________]
Date: [__/__/____]

PRACTICE NOTES FOR TENNESSEE ATTORNEYS

BPR Number Is Mandatory: Every Tennessee court filing must include the attorney's BPR (Board of Professional Responsibility) license number per Tenn. R. Civ. P. 11.01. Do not omit this number or substitute a different identifier. Verify current BPR numbers through the Tennessee Board of Professional Responsibility at tbpr.org.

E-Filing Vendor Confirmation: Tennessee does not use a single statewide e-filing platform. The applicable vendor (TrueFiling, TurboCourt, eFlex, or Tyler Odyssey) varies by court and county. Before filing, confirm which vendor is used in the specific court where the action is pending. Filing with the wrong vendor may result in rejection.

Electronic Service (Rule 46A): Under Supreme Court Rule 46A, when a party is a registered e-filer, electronic service through the e-filing system satisfies service requirements. For parties not registered, service must be completed by mail, hand delivery, or other permitted means under Tenn. R. Civ. P. 5.02.

Court Type Matters: Tennessee has Circuit Courts (general jurisdiction, jury trials), Chancery Courts (equity jurisdiction), General Sessions Courts (limited jurisdiction, no jury), and Probate Courts. The applicable procedural rules and local practices may differ. Confirm the court type in the caption and use appropriate procedural rules.

Nashville (Davidson County) Local Rules: Davidson County Chancery and Circuit Courts have local administrative orders and procedures. Review Nashville/Davidson County local rules, particularly regarding scheduling orders and appearances.

Shelby County (Memphis) Practice: Shelby County Circuit and Chancery Courts have distinct local rules and Division assignments. Confirm division, judge, and local practices before filing.

TN RPC 1.16(d) Obligations: Withdrawing counsel must promptly deliver the client's papers and property, refund unearned fees, and take all reasonable steps to protect the client's interests. A fee dispute does not permit withholding of client files.

Limited Scope Representation: If the withdrawing attorney provided limited scope representation, the specific withdrawal procedure under Tenn. R. Civ. P. 11.01(b) applies — requiring a Notice of Completion with 14 days' advance written notice to the client before filing.

Deadlines Are Not Extended: Substitution does not automatically toll or extend any deadlines. If incoming counsel requires additional time, a motion for continuance should be filed promptly. Courts have discretion on granting continuances and may decline if no good cause is shown.

This template was last updated March 6, 2026. Tennessee court rules, e-filing vendors, and local practices change periodically. Always verify current rules, BPR requirements, and the applicable e-filing system for the specific court before use.