SUBSTITUTION OF ATTORNEY – TEXAS STATE COURT
[In the ___ Court of ___ County, Texas]
[Judicial District or Court Number]
[Street Address]
[City, Texas ZIP]
STYLE OF THE CASE
- Cause Number: [Cause No.]
- Plaintiff(s): [List]
- Defendant(s): [List]
- Proceeding: [e.g., Civil Action]
NOTICE OF SUBSTITUTION
TO THE HONORABLE COURT AND ALL COUNSEL OF RECORD:
Pursuant to Texas Rule of Civil Procedure 10, [Party Name] hereby substitutes [New Attorney Name], State Bar No. [Number], of [New Firm Name], as counsel of record in place of [Withdrawing Attorney Name], State Bar No. [Number], of [Former Firm Name], effective upon filing of this notice.
WITHDRAWING COUNSEL
- Attorney: [Withdrawing Attorney Name]
- Firm: [Former Firm Name]
- Address: [Street, City, State ZIP]
- Telephone: [Number]
- Email for Service: [Email Address]
SUBSTITUTING COUNSEL
- Attorney: [New Attorney Name]
- State Bar No.: [Number]
- Firm: [New Firm Name]
- Address: [Street, City, State ZIP]
- Telephone: [Number]
- Email for Service (Tex. R. Civ. P. 21a): [Email Address]
- Lead Counsel? ☐ Yes ☐ No
- Additional Counsel (if any): [List Names]
CLIENT CONSENT
The undersigned client affirms consent to this substitution, acknowledges receipt of notice, and understands that all future communications from the Court and other parties will be directed to the substituting attorney identified above.
COURT ORDER REFERENCE (IF APPLICABLE)
☐ Substitution made pursuant to order signed on [Date], attached as Exhibit A.
☐ Not applicable.
SIGNATURES
Withdrawing Attorney
[Withdrawing Attorney Name]
Date: _______
Substituting Attorney
[New Attorney Name]
Date: _______
Client / Authorized Representative
[Client Name and Title if entity]
Date: _______
PROPOSED ORDER (IF REQUIRED BY COURT)
If the Court requires an order approving substitution, submit the following on a separate page with a proposed order caption compliant with local practice:
ORDERED that [New Attorney Name] of [New Firm Name] is substituted as counsel of record for [Party Name], and [Withdrawing Attorney Name] is discharged. All notices shall be sent to substituting counsel. SIGNED on _______.
[JUDGE NAME]
[Title of Court]
CERTIFICATE OF SERVICE
I certify that on [Date], a true and correct copy of this Substitution of Attorney was served on all counsel and pro se parties of record in accordance with Texas Rule of Civil Procedure 21a via the following method(s):
| Recipient | Address / Email | Method (☐ eFileTexas ☐ Email ☐ Certified Mail ☐ Fax ☐ Personal Delivery ☐ Other) |
|---|---|---|
| [Name] | [Address/Email] | [Method] |
[Name of Person Effecting Service]
Date: _______
PRACTICE POINTERS:
- Confirm the substitution at least 30 days before trial settings to avoid denial absent good cause.
- Update the Court’s service list and submit any required change-of-address notice through the e-filing portal.
- For cases in which the client will proceed pro se, ensure compliance with Tex. R. Civ. P. 10’s requirement that the party sign the pleading and provide contact information.