Substitution of Attorney

SUBSTITUTION OF ATTORNEY — VERMONT STATE COURT

VERMONT PROCEDURAL OVERVIEW

Governing Rule: V.R.C.P. 79.1 governs withdrawal and substitution of counsel in Vermont Superior Court civil proceedings. Vermont's rule distinguishes between situations where a substituting attorney is available and those where the client will be unrepresented.

Consent-Based Substitution (No Court Order Required):
When all parties consent — specifically the withdrawing attorney, substituting attorney, and client — and a substituting attorney is entering an appearance, the substitution may take effect by filing the signed substitution notice without a court order.

Motion Required — Withdrawal Without Substitute:
When an attorney seeks to withdraw and no substitute is entering an appearance (leaving the client unrepresented), a motion to withdraw must be filed under V.R.C.P. 79.1(f). The motion must include the client's last known mailing address and email address. An affidavit supporting the motion must reference both the mailing and email address of the party. The court may then order automatic substitution of the withdrawing attorney.

Vermont Bar ID Number: Vermont-licensed attorneys are identified by a Vermont Bar ID number issued by the Vermont Judiciary's attorney licensing system. The format in the eCourt system is "ATTY0" followed by the bar number (e.g., ATTY012345). Bar members can verify their number through the Vermont Judiciary Attorney Licensing portal.

E-Filing — Odyssey File and Serve: Vermont courts use Odyssey File and Serve (portal.vtcourts.gov) for all Vermont Superior Court and Supreme Court matters. All attorneys must file through Odyssey. When filing a substitution, select the appropriate document type in Odyssey. Update the service contacts list in Odyssey immediately after filing.

Vermont Superior Court Divisions: Vermont Superior Court has four divisions: Civil, Criminal, Family, and Environmental. Confirm the correct division and unit (county) for your matter before filing.

Service: Serve copies on all parties per V.R.C.P. 5. Electronic service through Odyssey is standard for represented parties.

COURT CAPTION

STATE OF VERMONT
SUPERIOR COURT
[________________________________] UNIT
[________________________________] DIVISION

[________________________________],
Plaintiff,

v.

[________________________________],
Defendant.

Docket No.: [____________________________]
Judge/Magistrate: [________________________________]

NOTICE OF SUBSTITUTION OF ATTORNEY

[Select one pathway — delete the other before filing]

PATHWAY A: CONSENT SUBSTITUTION (No Court Order Required)

Pursuant to V.R.C.P. 79.1, [________________________________] (the "Party") hereby notifies the Court that [________________________________], Vermont Bar ID No. [________], of [________________________________], is substituted as attorney of record in place of [________________________________], Vermont Bar ID No. [________], of [________________________________], effective [__/__/____].

All parties to the substitution — withdrawing counsel, substituting counsel, and the client — consent to this substitution as indicated by the signatures below. This notice is effective upon filing in the Odyssey e-filing system.

PATHWAY B: MOTION TO WITHDRAW WITHOUT SUBSTITUTE COUNSEL

(Use when attorney seeks to withdraw and no replacement attorney is available; governed by V.R.C.P. 79.1(f))

[________________________________] (the "Withdrawing Attorney"), Vermont Bar ID No. [________], hereby moves this Court pursuant to V.R.C.P. 79.1(f) and Vermont RPC 1.16 for an Order permitting withdrawal from representation of [________________________________] (the "Client/Party").

Grounds for withdrawal:
☐ Client has terminated the representation
☐ The representation has been rendered unreasonably difficult by the client
☐ Client has not met financial obligations after reasonable notice
☐ Fundamental breakdown in attorney-client communication
☐ Conflict of interest has arisen
☐ Continued representation would violate Vermont RPC or applicable law
☐ Other: [________________________________]

Client Contact Information (Required by V.R.C.P. 79.1(f)):
Client's Last Known Mailing Address: [________________________________]
City, State, Zip: [________________________________]
Client's Last Known Email Address: [________________________________]

I, [________________________________], affirm under oath that:

1. The above mailing and email address are the client's last known contact information.
2. I have notified the client of this motion by [☐ mail ☐ email ☐ both] to the address(es) above.
3. No hearing or trial date is currently scheduled, OR a hearing/trial is scheduled for [__/__/____] and the following steps have been taken to protect the client's interests: [________________________________].

(Attach supporting Affidavit per V.R.C.P. 79.1(f) requirement)

PARTY INFORMATION

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

WITHDRAWING ATTORNEY INFORMATION

Full Name: [________________________________]
Vermont Bar ID No.: [________]
Odyssey eCourt ID: ATTY0[________]
Firm Name: [________________________________]
Street Address: [________________________________]
City, State, Zip: [________________________________], Vermont [________]
Phone: ([____]) [____]-[________]
Fax: ([____]) [____]-[________]
Email: [________________________________]

Certification of Withdrawing Attorney:
I, [________________________________], Vermont Bar ID No. [________], certify that:

☐ I have provided the client with written notice of this substitution/withdrawal and its effective date.
☐ I have provided or will provide the client with all client files, documents, and property within [____] days of the effective date, consistent with Vermont RPC 1.16(d).
☐ I have provided substituting counsel (or the client directly, if no substitute) with a written summary of all pending deadlines, motions, hearing dates, and case status.
☐ All client funds held in trust have been accounted for and will be properly transferred.
☐ I have not conditioned return of the client's file on payment of fees.
☐ I have removed or will remove my appearance from the Odyssey e-filing system for this matter.

SUBSTITUTING ATTORNEY INFORMATION

(Complete this section for Pathway A — Consent Substitution only. Skip for Pathway B.)

Full Name: [________________________________]
Vermont Bar ID No.: [________]
Odyssey eCourt ID: ATTY0[________]
Firm Name: [________________________________]
Street Address: [________________________________]
City, State, Zip: [________________________________], Vermont [________]
Phone: ([____]) [____]-[________]
Fax: ([____]) [____]-[________]
Email: [________________________________]

Certification of Substituting Attorney:
I, [________________________________], Vermont Bar ID No. [________], certify that:

☐ I am an active member in good standing of the Vermont 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 in this matter.
☐ I have added my appearance in the Odyssey e-filing system for this case.
☐ I have updated the service contacts list in Odyssey to add my contact information.
☐ I am not aware of any conflict of interest precluding my representation.

(Pro Hac Vice, if applicable):
☐ I am admitted pro hac vice in this matter. My Vermont sponsoring attorney is: [________________________________], Vermont Bar ID No. [________].

CLIENT CONSENT AND AUTHORIZATION

(Required for Pathway A — Consent Substitution. For Pathway B, attach separate client notice documentation.)

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

1. Acknowledge that I have been informed of my right to select counsel of my choosing and to change attorneys;

2. Consent to the withdrawal of [________________________________], Vermont Bar ID No. [________], as my attorney of record;

3. Authorize [________________________________], Vermont Bar ID No. [________], of [________________________________], to serve as my attorney of record in the above-captioned matter, effective [__/__/____];
   (OR, if proceeding pro se): Elect to represent myself as a self-represented litigant going forward. I understand I am responsible for all applicable court rules, deadlines, and filings.

4. Confirm that I have received or been offered:
   ☐ Written notice of all pending deadlines and hearing dates
   ☐ A copy of or access to my complete file
   ☐ An accounting of any retainer, trust account, or unearned fee balance
   ☐ Return of all client-owned property

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

PRE-FILING CHECKLIST

☐ Confirm the correct division and unit of Vermont Superior Court (Civil, Family, Criminal, Environmental)
☐ Confirm the correct pathway (A — consent, or B — withdrawal without substitute)
☐ Verify Vermont Bar ID numbers for both withdrawing and substituting attorneys
☐ For Pathway B: Confirm client's last known mailing AND email address (required by V.R.C.P. 79.1(f))
☐ For Pathway B: Prepare supporting Affidavit as required by V.R.C.P. 79.1(f)
☐ Obtain all required signatures (withdrawing attorney, substituting attorney, client)
☐ Identify all upcoming deadlines: trial dates, hearing dates, discovery cut-offs, pretrial conferences
☐ Prepare Proposed Order if requesting court action
☐ File via Odyssey File and Serve (portal.vtcourts.gov)
☐ Update Odyssey service contacts: add new counsel, remove withdrawing counsel
☐ Serve all parties per V.R.C.P. 5
☐ Transfer complete client file within stated timeframe
☐ Address any outstanding client trust account balance per Vermont RPC 1.16(d)
☐ Confirm no ADR or mediation obligations are pending that need to be re-noticed

SIGNATURE BLOCKS

WITHDRAWING ATTORNEY:

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

Date: [__/__/____]

SUBSTITUTING ATTORNEY (Pathway A only):

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

Date: [__/__/____]

CLIENT/PARTY (Pathway A only):

[________________________________]
[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

(Use for Pathway B — withdrawal without substitute; or when court approval is requested)

STATE OF VERMONT
SUPERIOR COURT, [________________________________] UNIT
[________________________________] DIVISION

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

Docket No.: [____________________________]

ORDER GRANTING WITHDRAWAL OF COUNSEL

THIS MATTER came before the Court on the Motion to Withdraw filed by [________________________________]. The Court, having considered the motion, any required affidavit, and the interests of the client and the administration of justice:

IT IS HEREBY ORDERED that:

1. [________________________________], Vermont Bar ID No. [________], is GRANTED leave to withdraw as attorney of record for [________________________________], effective [__/__/____].

2. (If substituting attorney entered appearance): [________________________________], Vermont Bar ID No. [________], of [________________________________], is hereby recognized as attorney of record for [________________________________] in this matter.
   (If no substitute): [________________________________] shall proceed as a self-represented litigant. All court notices shall be sent to: [Client's Address and Email].

3. The existing scheduling order shall:
   ☐ Remain in full force and effect.
   ☐ Be modified as follows: [________________________________]

4. Any hearing currently scheduled for [__/__/____] shall:
   ☐ Proceed as scheduled.
   ☐ Be continued to [__/__/____].

5. Withdrawing counsel shall transfer all client files and property within [____] days of this Order.

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

[________________________________]
SUPERIOR COURT JUDGE / MAGISTRATE
[________________________________] UNIT, [________________________________] DIVISION

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a true and correct copy of the foregoing Notice of Substitution of Attorney [and Proposed Order] on each of the following persons by the indicated method, consistent with V.R.C.P. 5:

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

Date: [__/__/____]

PRACTICE NOTES AND VERMONT-SPECIFIC GUIDANCE

V.R.C.P. 79.1(f) — Affidavit Required for Motion to Withdraw: When filing a motion to withdraw without a substitute (Pathway B), V.R.C.P. 79.1(f) requires an affidavit that includes the client's last known mailing address AND email address. Both must be included. The rule was amended to specifically add the email address requirement.

Automatic Substitution: Under V.R.C.P. 79.1(g), the court may order automatic substitution of the withdrawing attorney in certain circumstances. Be prepared for this possibility and ensure the client is informed.

Odyssey Bar ID Format: In the Vermont Odyssey system, your attorney licensing record appears as "ATTY0" followed by your bar number. If you have previously e-filed anything, you will have an existing attorney licensing case in Odyssey.

Vermont RPC 1.16(d): Requires the attorney to: (1) give reasonable notice, (2) allow time for the client to retain replacement counsel, (3) surrender papers and property, and (4) refund any unearned advance fees. The client's file must be provided regardless of fee disputes.

ADR and Mediation: Vermont courts frequently require mediation in civil and family matters. Check whether any mediation order is in place and notify the mediator of the change in counsel.

Family Division Considerations: In Family Division matters, the court's interest in protecting children and families means that motions to withdraw may receive heightened scrutiny. File early and be prepared to explain how the client's interests are protected.

Small Claims and Probate: This template is designed for Vermont Superior Court. For small claims or probate matters, check the applicable procedural rules for those divisions.

Sources and References:

• V.R.C.P. 79.1: https://www.vermontjudiciary.org/attorneys/rules
• Vermont Rules of Professional Conduct: https://vtbarcounsel.wordpress.com/rules-of-professional-conduct/
• Vermont Judiciary Odyssey e-filing: https://portal.vtcourts.gov
• Vermont Bar Attorney Licensing: https://www.vermontjudiciary.org/attorneys/attorney-licensing