Substitution of Attorney

SUBSTITUTION OF ATTORNEY — VIRGINIA STATE COURT

VIRGINIA PROCEDURAL OVERVIEW

Governing Rule: Va. Sup. Ct. R. 1:5 governs the appearance and withdrawal of counsel in Virginia state courts. Once counsel has appeared of record, they remain responsible for the case until (a) the court enters an order allowing withdrawal, or (b) a proper substitution of counsel notice is filed with all required signatures and a concurrent Entry of Appearance by new counsel.

Substitution Pathway — Consent-Based (No Court Order Required):
When the client consents and a substitute attorney is entering an appearance, filing this Substitution Notice together with the substituting attorney's Entry of Appearance is generally sufficient in Virginia Circuit Court civil matters. Effective upon filing.

Court Order Required:
A formal motion and court order are required when: (a) the client objects or will not sign; (b) a pending trial date or critical deadline exists that new counsel cannot meet; (c) withdrawing attorney seeks to withdraw without substitution (leaving the party unrepresented); or (d) local court rules require court approval.

Virginia State Bar (VSB) Number: All Virginia-licensed attorneys have a VSB membership number. Format: numeric (e.g., VSB No. 87654). Verify good standing at vsb.org before filing.

E-Filing: For Virginia Circuit Court civil matters, e-filing availability varies by jurisdiction. Many circuits use Tyler Odyssey or local portals. The Virginia appellate courts use VACES (Virginia Appellate Court E-Filing System). Check your specific circuit court's requirements. General District Court filings may be paper or via local portal.

Service: All parties must be served per Va. Sup. Ct. R. 1:12 after filing.

COURT CAPTION

[Select the applicable court header — delete the inapplicable ones before filing]

Circuit Court:
IN THE CIRCUIT COURT OF THE [________________________________]
OF [________________________________], VIRGINIA

General District Court:
IN THE GENERAL DISTRICT COURT OF [________________________________], VIRGINIA

Juvenile and Domestic Relations District Court:
IN THE JUVENILE AND DOMESTIC RELATIONS DISTRICT COURT
OF [________________________________], VIRGINIA

[________________________________],
Plaintiff,

v.

[________________________________],
Defendant.

Case/Docket No.: [____________________________]
Judge: [________________________________]
Division/Department: [____________________________]

NOTICE OF SUBSTITUTION OF ATTORNEY

[Select one pathway — delete the other before filing]

PATHWAY A: CONSENT SUBSTITUTION (No Court Order Required)

Pursuant to Rule 1:5 of the Rules of the Supreme Court of Virginia, [________________________________] (the "Party") hereby provides notice of substitution of counsel: [________________________________], Virginia State Bar No. [________], of [________________________________], is substituted as attorney of record in place of [________________________________], Virginia State Bar No. [________], of [________________________________], effective [__/__/____].

The client has consented to this substitution as indicated by signature below. No pending trial date or critical deadline prevents the substitution from taking effect upon filing. Substituting counsel files this Notice and a concurrent Entry of Appearance to complete the substitution.

PATHWAY B: SUBSTITUTION / WITHDRAWAL REQUIRING COURT ORDER

[________________________________] (the "Withdrawing Attorney"), Virginia State Bar No. [________], hereby moves this Court pursuant to Va. Sup. Ct. R. 1:5 and Virginia RPC 1.16 for an Order approving withdrawal and substitution of counsel.

Grounds for withdrawal:
☐ Client has discharged counsel
☐ Irreconcilable breakdown of attorney-client relationship
☐ Client has failed to fulfill financial obligations after reasonable notice
☐ Conflict of interest has arisen that cannot be waived
☐ Representation would result in violation of applicable law or Rules of Professional Conduct
☐ Other grounds under Virginia RPC 1.16: [________________________________]

Court approval is required because:
☐ No substitute attorney — Party will be unrepresented after withdrawal
☐ Trial is scheduled for [__/__/____] and new counsel cannot comply with existing schedule
☐ Client has not provided written consent
☐ Local court rules require court approval for all withdrawal/substitution matters
☐ Other: [________________________________]

Pending Matters:
Pending Motion(s): [________________________________]
Trial/Hearing Date: [__/__/____]
Nature of Hearing: [________________________________]
Impact of Substitution on Schedule: [________________________________]

PARTY INFORMATION

Party Being Represented:
Name: [________________________________]
Role in Case: ☐ Plaintiff ☐ Defendant ☐ Third-Party Plaintiff ☐ Third-Party Defendant ☐ Cross-Claimant ☐ Intervenor ☐ Respondent ☐ Other: [____________]
Address: [________________________________]
City, State, Zip: [________________________________]
Phone: [____________________________]
Email: [________________________________]

WITHDRAWING ATTORNEY INFORMATION

Full Name: [________________________________]
Virginia State Bar (VSB) No.: [________]
Firm Name: [________________________________]
Street Address: [________________________________]
City, State, Zip: [________________________________], Virginia [________]
Phone: ([____]) [____]-[________]
Fax: ([____]) [____]-[________]
Email: [________________________________]
e-Filing System ID: [________________________________]

Certification of Withdrawing Attorney:
I, [________________________________], VSB No. [________], certify that:

☐ I have provided the client written notice of this substitution and its effective date.
☐ I have provided or will provide the client with all client files, documents, and property within [____] days consistent with Virginia RPC 1.16(d).
☐ I have provided substituting counsel and the client with a written summary of all pending deadlines, hearing dates, and material case developments.
☐ All client funds have been accounted for and will be transferred promptly.
☐ I have not withheld any client-owned documents.
☐ I will continue to accept service until the substitution is effective and reflected in the court's records.
☐ I have updated or will update my appearance in the court's e-filing system.

SUBSTITUTING ATTORNEY INFORMATION

Full Name: [________________________________]
Virginia State Bar (VSB) No.: [________]
Firm Name: [________________________________]
Street Address: [________________________________]
City, State, Zip: [________________________________], Virginia [________]
Phone: ([____]) [____]-[________]
Fax: ([____]) [____]-[________]
Email: [________________________________]
e-Filing System ID: [________________________________]

Certification of Substituting Attorney:
I, [________________________________], VSB No. [________], certify that:

☐ I am an active member in good standing of the Virginia State Bar.
☐ I have reviewed the case file and am familiar with the current status of this matter.
☐ I am able to comply with all existing scheduling orders and pending deadlines.
☐ I am concurrently filing an Entry of Appearance on behalf of [________________________________].
☐ I have registered my appearance in the court's e-filing system.
☐ I am not aware of any conflict of interest precluding my representation.

(Pro Hac Vice, if applicable):
☐ I am admitted pro hac vice pursuant to Va. Sup. Ct. R. 1A:4 in this matter.
☐ Local co-counsel: [________________________________], VSB No. [________].

CLIENT CONSENT AND AUTHORIZATION

I, [________________________________], the undersigned party, hereby:

1. Acknowledge that I have been informed of my right to select and change counsel at any time;

2. Consent to the withdrawal of [________________________________], VSB No. [________], as my attorney of record in the above-captioned matter;

3. Authorize [________________________________], VSB No. [________], of [________________________________], to serve as my attorney of record effective [__/__/____];
   (OR, if proceeding pro se): Elect to represent myself as a self-represented litigant going forward. I understand that I am responsible for all court rules, deadlines, and obligations.

4. Confirm receipt or offer of the following from withdrawing counsel:
   ☐ Written notice of all pending deadlines and hearing dates
   ☐ Access to or copy of my complete file
   ☐ Accounting of any retainer, trust, or unearned fee balance
   ☐ Return of or accounting for all client-owned property

5. Provide my current contact information for court records:
   Address: [________________________________]
   City, State, Zip: [________________________________]
   Phone: [____________________________]
   Email: [________________________________]

PRE-FILING CHECKLIST

☐ Confirm the correct pathway (A or B) based on client consent and pending case activity
☐ Verify VSB numbers and good-standing status for both attorneys at vsb.org
☐ Confirm the specific court's e-filing portal and requirements (varies by circuit)
☐ Obtain all three signatures: withdrawing attorney, substituting attorney, client
☐ Prepare concurrent Entry of Appearance for substituting attorney (often required separately)
☐ Identify all upcoming hearings, trial dates, discovery cut-offs, and expert deadlines
☐ If Pathway B: prepare Motion and Proposed Order; schedule hearing if required
☐ Prepare Certificate of Service listing all parties
☐ File in correct Virginia court (circuit, GDC, or J&DR)
☐ Serve all parties per Va. Sup. Ct. R. 1:12 upon filing
☐ Update e-filing appearance and service list after filing
☐ Transfer complete client file within stated timeframe
☐ Address any outstanding client trust account balance
☐ Check local circuit court rules for any additional requirements

SIGNATURE BLOCKS

WITHDRAWING ATTORNEY:

[________________________________]
[Printed Name], Virginia State Bar No. [________]
[Firm Name]
[Address], [City, Virginia Zip]
[Phone] | [Email]

Date: [__/__/____]

SUBSTITUTING ATTORNEY:

[________________________________]
[Printed Name], Virginia State Bar No. [________]
[Firm Name]
[Address], [City, Virginia Zip]
[Phone] | [Email]

Date: [__/__/____]

CLIENT/PARTY:

[________________________________]
[Printed Name of Party]
[Address], [City, State, Zip]
[Phone] | [Email]

Date: [__/__/____]

(If party is a business entity):
[________________________________]
[Printed Name], [Title]
On behalf of [Entity Name]
Date: [__/__/____]

PROPOSED ORDER

(Include only if Pathway B — court approval required; omit for Pathway A)

IN THE CIRCUIT COURT OF THE [________________] OF [________________________________], VIRGINIA

[________________________________],
Plaintiff,
v.
[________________________________],
Defendant.

Case No.: [____________________________]

ORDER GRANTING SUBSTITUTION OF ATTORNEY

THIS MATTER came before the Court on the Motion for Substitution/Withdrawal of Attorney. The Court, having considered the motion and any responses, and being otherwise duly advised:

IT IS HEREBY ORDERED that:

1. [________________________________], Virginia State Bar No. [________], is GRANTED leave to withdraw as attorney of record for [________________________________], effective upon entry of this Order.

2. [________________________________], Virginia State Bar No. [________], of [________________________________], is recognized as attorney of record for [________________________________], effective [__/__/____].
   (OR, if proceeding pro se): [________________________________] shall proceed as a self-represented litigant. All court notices shall be sent to: [Address].

3. The existing scheduling order shall:
   ☐ Remain in effect without modification.
   ☐ Be modified as specified in an Amended Scheduling Order entered concurrently herewith.

4. The hearing/trial currently set for [__/__/____] shall:
   ☐ Proceed as scheduled.
   ☐ Be continued to [__/__/____] at [____] [☐ a.m. ☐ p.m.].

5. Withdrawing counsel shall deliver to the client or to new counsel all client files, documents, and property within [____] days of entry of this Order.

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

[________________________________]
JUDGE, [CIRCUIT/DISTRICT] COURT OF [________________________________], VIRGINIA

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Notice of Substitution of Attorney [and Proposed Order] was served upon the following by the indicated method, consistent with Va. Sup. Ct. R. 1:12:

[________________________________]
[Name of Person Completing Service]
Virginia State Bar No. [________] (if attorney)

Date: [__/__/____]

PRACTICE NOTES AND VIRGINIA-SPECIFIC GUIDANCE

Rule 1:5 — Ongoing Responsibility: Under Va. Sup. Ct. R. 1:5, the withdrawing attorney remains counsel of record and responsible for the case until the substitution is properly effectuated. Filing this Notice alone, without the substituting attorney's Entry of Appearance, may not be sufficient to relieve withdrawing counsel.

Entry of Appearance Required: Many Virginia circuit courts require the substituting attorney to separately file an Entry of Appearance form contemporaneously with this Substitution Notice. Confirm with the clerk's office for your specific circuit.

Virginia RPC 1.16(d): Requires prompt surrender of client papers and property, refund of unearned advance fees, and provision of reasonable notice. The client's file (including correspondence, pleadings, expert reports, and evidence) must be transferred without conditioning delivery on payment of fees.

General District Court: GDC cases move quickly — substitution should be filed well in advance of any hearing. Contact the GDC clerk directly about filing procedures.

J&DR Court: Cases often involve mandatory statutory timelines. Consult the specific J&DR court's rules and any applicable juvenile proceeding timelines.

Local Circuit Rules: Virginia circuit courts vary significantly. Check local rules for Fairfax, Arlington, Richmond, Virginia Beach, and other circuits before filing.

VSB Good Standing: Verify at vsb.org that both attorneys are currently active and in good standing. A suspended attorney cannot appear as counsel.

Sources and References:

• Va. Sup. Ct. R. 1:5: https://www.vacourts.gov/courts/scv/rules
• Virginia Rules of Professional Conduct 1.16: https://www.vsb.org/pro-guidelines/index.php/rules/
• Virginia State Bar attorney search: https://www.vsb.org/site/members/member-search
• Virginia Courts e-filing: https://eapps.courts.state.va.us