Substitution of Attorney

SUBSTITUTION OF ATTORNEY — WASHINGTON STATE SUPERIOR COURT

WASHINGTON PROCEDURAL OVERVIEW

Governing Rule: CR 71 of the Washington Superior Court Civil Rules governs substitution and withdrawal of attorneys. CR 71 creates a streamlined notice-based procedure when all parties consent, and a motion-and-order procedure when consent is absent or when a pending hearing or trial would be affected.

CR 71 — Key Requirements for Notice of Substitution:
The notice of substitution must include:

1. The date on which the withdrawal and substitution are effective
2. Name, address, and WSBA membership number of the withdrawing attorney
3. Signature of the withdrawing attorney
4. Name, address, and WSBA membership number of the substituting attorney
5. Signature of the substituting attorney

10-Day Notice Requirement for Contested Withdrawal:
If a client does not consent to withdrawal, CR 71 and Washington RPC 1.16 require that the withdrawing attorney provide at least 10 days' advance written notice to the client before seeking court approval. Document this notice in the motion.

Court Approval Required:
A motion and order are required when: (a) the client does not consent; (b) there is a pending trial or hearing that new counsel cannot accommodate; (c) no substitute attorney is entering an appearance (unrepresented party); or (d) local court rules require court approval.

WSBA Number: All Washington-licensed attorneys have a Washington State Bar Association (WSBA) membership number. Format: numeric (e.g., WSBA No. 12345). Verify good standing at wsba.org before filing.

E-Filing: Washington superior courts are implementing statewide e-filing through Odyssey File and Serve and county-specific portals. King County, Pierce County, Snohomish County, and others have county-specific e-filing portals. Check the specific county superior court's e-filing requirements. Many superior courts also accept electronic service via email by agreement.

Service: Serve all parties consistent with CR 5(b) upon filing.

COURT CAPTION

SUPERIOR COURT OF WASHINGTON
FOR [________________________________] COUNTY

[________________________________],
Plaintiff,

v.

[________________________________],
Defendant.

No.: [____________________________]
Judge/Commissioner: [________________________________]
Department: [____]

NOTICE OF SUBSTITUTION OF ATTORNEY

[Select one pathway — delete the other before filing]

PATHWAY A: CONSENT-BASED SUBSTITUTION (CR 71 Notice — No Court Order Required)

Pursuant to CR 71 of the Washington Superior Court Civil Rules, [________________________________] (the "Party") hereby provides notice that the following substitution of attorney is effective [__/__/____]:

• Withdrawing Attorney: [________________________________], WSBA No. [________], of [________________________________]
• Substituting Attorney: [________________________________], WSBA No. [________], of [________________________________]

All required signatures appear below. The client has consented to this substitution. This notice is effective upon filing.

PATHWAY B: MOTION FOR WITHDRAWAL / SUBSTITUTION REQUIRING COURT ORDER

(Use when client has not consented, a trial or hearing is set, or no substitute is available)

[________________________________] (the "Withdrawing Attorney"), WSBA No. [________], hereby moves this Court pursuant to CR 71 and Washington RPC 1.16 for an Order approving withdrawal [and substitution] of counsel.

Grounds for withdrawal:
☐ Client has terminated the representation
☐ Client has not paid fees after reasonable notice and [____] days have passed
☐ Fundamental breakdown of attorney-client communication
☐ Irreconcilable conflict between attorney and client on case strategy
☐ Conflict of interest has arisen
☐ Continued representation would violate RPC or applicable law
☐ Other: [________________________________]

Court approval is required because:
☐ Client has not consented (10-day advance written notice was provided to client on [__/__/____])
☐ Trial is set for [__/__/____] and new counsel needs additional time
☐ Hearing is set for [__/__/____] on: [________________________________]
☐ No substitute attorney is available — Party will be unrepresented
☐ Local court rules require court approval
☐ Other: [________________________________]

10-Day Notice Documentation:
☐ Client was notified of intended withdrawal by: ☐ Certified mail ☐ Email ☐ Both
Date of notice: [__/__/____]
Method of delivery: [________________________________]
Client's response (if any): [________________________________]

PARTY INFORMATION

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

WITHDRAWING ATTORNEY INFORMATION

Full Name: [________________________________]
WSBA Membership No.: [________]
Firm Name: [________________________________]
Street Address: [________________________________]
City, State, Zip: [________________________________], Washington [________]
Phone: ([____]) [____]-[________]
Fax: ([____]) [____]-[________]
Email: [________________________________]
e-Filing System / Portal ID: [________________________________]

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

☐ I have provided the client written notice of this substitution/withdrawal and its effective date.
☐ I have provided or will provide the client all client files, property, and documents within [____] days consistent with Washington RPC 1.16(d).
☐ I have communicated to the client and to substituting counsel (if applicable) all upcoming deadlines, trial dates, hearing dates, and discovery obligations.
☐ All client funds in trust have been accounted for and will be transferred to the client or to new counsel.
☐ I have not conditioned return of client property on payment of outstanding fees.
☐ I have updated or will update the county court's e-filing service list to remove my appearance.

SUBSTITUTING ATTORNEY INFORMATION

(Complete for Pathway A — Consent Substitution; for Pathway B omit if no substitute)

Full Name: [________________________________]
WSBA Membership No.: [________]
Firm Name: [________________________________]
Street Address: [________________________________]
City, State, Zip: [________________________________], Washington [________]
Phone: ([____]) [____]-[________]
Fax: ([____]) [____]-[________]
Email: [________________________________]
e-Filing System / Portal ID: [________________________________]

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

☐ I am an active member in good standing of the Washington State Bar Association.
☐ I have reviewed the 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 registered my appearance in the county's e-filing system for this case.
☐ I have updated the service list in the e-filing system 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 pursuant to APR 8. My Washington sponsoring counsel is: [________________________________], WSBA No. [________].

CLIENT CONSENT AND AUTHORIZATION

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

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

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

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

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

4. Confirm that I have received or been offered:
   ☐ Written notice of all pending deadlines and hearing/trial dates
   ☐ Access to or a copy of my complete file
   ☐ An accounting of any retainer or trust account balance
   ☐ Return of all client-owned property and documents

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

PRE-FILING CHECKLIST

☐ Confirm applicable pathway (A — consent notice, or B — motion requiring court order)
☐ Verify WSBA membership numbers and good-standing status for both attorneys at wsba.org
☐ Confirm county superior court's specific e-filing portal and requirements
☐ For Pathway B: document 10-day advance notice to client (if client has not consented)
☐ Obtain all required signatures (withdrawing attorney, substituting attorney per CR 71; client for consent)
☐ Identify all upcoming deadlines: trial date, hearing dates, discovery cut-offs, expert deadlines, ADR dates
☐ Check mandatory arbitration (MARI) status — confirm whether case is in mandatory arbitration
☐ Prepare Proposed Order (if Pathway B)
☐ Prepare Certificate of Service listing all parties
☐ File via county superior court e-filing portal
☐ Update e-filing service contact list after filing (remove withdrawing counsel, add new counsel)
☐ Serve all parties per CR 5(b)
☐ Transfer complete client file within stated timeframe
☐ Address any outstanding client trust account balance
☐ Check county-specific local rules for any supplemental requirements

SIGNATURE BLOCKS

WITHDRAWING ATTORNEY (required by CR 71):

[________________________________]
[Printed Name], WSBA No. [________]
[Firm Name]
[Address], [City, Washington Zip]
[Phone] | [Email]

Date: [__/__/____]

SUBSTITUTING ATTORNEY (required by CR 71):

[________________________________]
[Printed Name], WSBA No. [________]
[Firm Name]
[Address], [City, Washington 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)

SUPERIOR COURT OF WASHINGTON
FOR [________________________________] COUNTY

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

No.: [____________________________]

ORDER GRANTING SUBSTITUTION / WITHDRAWAL OF ATTORNEY

THIS MATTER came before the Court on the Motion for Substitution/Withdrawal of Attorney filed by [________________________________]. The Court, having considered the motion, any supporting declarations, and any response:

IT IS HEREBY ORDERED that:

1. [________________________________], WSBA No. [________], is GRANTED leave to withdraw as attorney of record for [________________________________] in this matter, effective upon entry of this Order.

2. [________________________________], WSBA No. [________], of [________________________________], is hereby recognized as attorney of record for [________________________________], effective [__/__/____].
   (OR, if no substitute): [________________________________] shall proceed as a self-represented litigant. All court notices shall be sent to: [Address] and [Email].

3. The existing scheduling order shall:
   ☐ Remain in full force and effect without modification.
   ☐ Be modified as specified in an Amended Case Schedule entered concurrently herewith.

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

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

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

[________________________________]
JUDGE / COMMISSIONER
SUPERIOR COURT OF WASHINGTON FOR [________________________________] COUNTY

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 each of the following by the indicated method, consistent with CR 5(b):

[________________________________]
[Name of Person Completing Service]
WSBA No. [________] (if attorney)

Date: [__/__/____]

PRACTICE NOTES AND WASHINGTON-SPECIFIC GUIDANCE

CR 71 — Required Elements: Both the withdrawing and substituting attorney's names, addresses, WSBA numbers, and signatures are expressly required by CR 71. An incomplete notice risks rejection by the clerk.

10-Day Notice for Contested Withdrawal: If the client does not consent, Washington practice requires at least 10 days' advance written notice before filing a motion to withdraw. Document the date, method, and content of this notice carefully. Courts scrutinize contested withdrawal motions closely when trial is imminent.

Mandatory Arbitration (MARI): If the case is subject to mandatory arbitration under MARI (Mandatory Arbitration Rules for Improved), confirm the arbitrator and arbitration schedule. Substitution of counsel should be promptly communicated to the arbitrator as well.

County-Specific e-Filing: Washington superior courts have different e-filing portals by county. King County uses its own portal; Pierce County, Snohomish County, and others may use different systems. Always confirm the correct portal for the specific county superior court.

Washington RPC 1.16(d): Requires prompt return of client files and property, refund of unearned advance payments, and cooperation to minimize prejudice to the client upon termination. The client's file must be provided regardless of any fee dispute.

Limited License Legal Technicians (LLLT): Washington allows certain non-attorneys (LLLTs) to provide limited legal services. LLLTs are not attorneys and cannot substitute for attorneys in court proceedings.

Family Law Matters: In dissolution, parenting plan, and related family law matters, substitution of counsel can affect guardian ad litem appointments and parenting evaluator contacts. Notify all relevant third parties.

WSBA Good Standing: Verify at wsba.org that both attorneys are currently licensed and in good standing before filing.

Sources and References:

• CR 71: https://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=sup&set=CR&ruleid=supcr71
• Washington Rules of Professional Conduct: https://www.wsba.org/for-legal-professionals/rules-of-professional-conduct
• Washington State Bar Association: https://www.wsba.org
• Washington Courts e-filing information: https://www.courts.wa.gov/efiling