Substitution of Attorney

SUBSTITUTION OF ATTORNEY — WISCONSIN CIRCUIT COURT

WISCONSIN PROCEDURAL OVERVIEW

Governing Rules: Substitution of attorney in Wisconsin Circuit Court civil proceedings is governed by the Wisconsin Supreme Court Rules (SCR) and Wisconsin Statutes. SCR 20:1.16 (mirroring RPC 1.16) governs the professional obligations of withdrawing attorneys. Wis. Stat. § 802.045 addresses limited appearances and notice/termination requirements. Wisconsin Circuit Courts use the Wisconsin eCourts electronic filing system.

Consent-Based Substitution (No Court Order Required):
When the client consents and a substitute attorney is entering an appearance, the substitution may take effect by filing a signed Substitution Notice. The withdrawing attorney's withdrawal and the substituting attorney's notice of appearance are typically filed together.

Court Order Required:
A formal motion and order are required when: (a) the client does not consent; (b) a trial date or other critical hearing is imminent; (c) no substitute counsel is entering an appearance (leaving the client unrepresented); or (d) the judge issues a standing order requiring court approval for all attorney substitutions.

Limited Appearance (Wis. Stat. § 802.045): Attorneys who entered a limited appearance must file both a notice of limited appearance (at entry) and a notice of termination of limited appearance. Both notices must be filed with the court and served on the client and all parties. This substitution template should be adapted for limited appearance terminations.

State Bar of Wisconsin Attorney Number: All Wisconsin-licensed attorneys are assigned a State Bar of Wisconsin attorney number. Electronic filings must include the attorney's name, mailing address, telephone number, and State Bar number. Format: numeric (e.g., State Bar No. 1012345).

e-Filing — Wisconsin eCourts: Wisconsin Circuit Courts use the Wisconsin eCourts electronic filing system (wicourts.gov/ecourts). Electronic filings must include the attorney's name, address, telephone number, and State Bar number. Documents requiring the attorney's signature are deemed signed by the attorney if submitted through the attorney's confidential authentication procedure in eCourts. Update your eCourts service contacts immediately after filing.

Service: Serve all parties per Wis. Stat. § 801.14 upon filing.

COURT CAPTION

STATE OF WISCONSIN
CIRCUIT COURT
[________________________________] COUNTY
[________________________________] BRANCH

[________________________________],
Plaintiff,

v.

[________________________________],
Defendant.

Case No.: [____________________________]
Judge/Court Commissioner: [________________________________]

NOTICE OF SUBSTITUTION OF ATTORNEY

[Select one pathway — delete the other before filing]

PATHWAY A: CONSENT-BASED SUBSTITUTION (No Court Order Required)

Pursuant to Wisconsin Supreme Court Rules ch. 20 and the Wisconsin Circuit Court Rules, [________________________________] (the "Party") hereby provides notice that [________________________________], State Bar of Wisconsin No. [________], of [________________________________], is substituted as attorney of record in place of [________________________________], State Bar of Wisconsin No. [________], of [________________________________], effective [__/__/____].

The client has consented to this substitution as shown by the signature below. The substituting attorney is entering an appearance concurrently with this filing. This notice is effective upon filing in Wisconsin eCourts.

PATHWAY B: MOTION FOR WITHDRAWAL / SUBSTITUTION REQUIRING COURT ORDER

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

[________________________________] (the "Withdrawing Attorney"), State Bar of Wisconsin No. [________], hereby moves this Court pursuant to SCR 20:1.16 for an Order approving withdrawal [and substitution] of counsel in the above-captioned matter.

Grounds for withdrawal:
☐ Client has discharged counsel
☐ Irreconcilable breakdown of attorney-client relationship
☐ Client has not met financial obligations after [____] days' written notice
☐ Continued representation would require violation of SCR or applicable law
☐ Conflict of interest has arisen that cannot be waived
☐ Other grounds under SCR 20:1.16: [________________________________]

Court approval is required because:
☐ Client has not consented to the withdrawal
☐ Trial is scheduled for [__/__/____] and substitute counsel cannot comply
☐ No substitute attorney is available — Party will be unrepresented
☐ The court has a standing order requiring approval for all substitutions
☐ Other: [________________________________]

Pending Case Activity:
Trial/Hearing Date: [__/__/____]
Nature of Pending Matter: [________________________________]
Impact of Substitution on Schedule: [________________________________]

PARTY INFORMATION

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

WITHDRAWING ATTORNEY INFORMATION

Full Name: [________________________________]
State Bar of Wisconsin No.: [________]
Firm Name: [________________________________]
Street Address: [________________________________]
City, State, Zip: [________________________________], Wisconsin [________]
Phone: ([____]) [____]-[________]
Fax: ([____]) [____]-[________]
Email: [________________________________]
Wisconsin eCourts Filing ID: [________________________________]

Certification of Withdrawing Attorney:
I, [________________________________], State Bar 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 all client files, documents, and property within [____] days consistent with SCR 20:1.16(d).
☐ I have provided or will provide substituting counsel (or the client, if no substitute) with a written summary of all pending motions, deadlines, hearing dates, discovery obligations, and case status.
☐ All client trust funds have been accounted for and will be properly transferred.
☐ I have not conditioned return of client property on payment of outstanding fees.
☐ I have removed or will remove my appearance from Wisconsin eCourts for this matter and updated the service contacts list.
☐ For limited appearance termination: I have complied with Wis. Stat. § 802.045 requirements for notice of termination of limited appearance.

SUBSTITUTING ATTORNEY INFORMATION

(Complete for Pathway A; omit if no substitute attorney for Pathway B)

Full Name: [________________________________]
State Bar of Wisconsin No.: [________]
Firm Name: [________________________________]
Street Address: [________________________________]
City, State, Zip: [________________________________], Wisconsin [________]
Phone: ([____]) [____]-[________]
Fax: ([____]) [____]-[________]
Email: [________________________________]
Wisconsin eCourts Filing ID: [________________________________]

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

☐ I am an active member in good standing of the State Bar of Wisconsin.
☐ 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 have registered my appearance in Wisconsin eCourts for this matter.
☐ I have updated the eCourts service contacts list to add my 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 SCR 10.03(4). My Wisconsin sponsoring attorney is: [________________________________], State Bar No. [________].

CLIENT CONSENT AND AUTHORIZATION

(Required for Pathway A; for Pathway B, attach documentation of notice to client)

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

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

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

3. Authorize [________________________________], State Bar 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 I am bound by all applicable court rules and deadlines.

4. Confirm receipt or offer of:
   ☐ 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 balance
   ☐ Return of all client-owned documents and property

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

PRE-FILING CHECKLIST

☐ Determine correct pathway (A — consent, or B — motion/order required)
☐ Verify State Bar of Wisconsin numbers for both attorneys (confirm good standing at wisbar.org)
☐ Confirm this is a Circuit Court matter (not a Court of Appeals or Supreme Court matter)
☐ For limited appearances: confirm Wis. Stat. § 802.045 notice/termination requirements are met
☐ Obtain all required signatures: withdrawing attorney, substituting attorney, client
☐ Identify all upcoming deadlines: trial date, hearing dates, discovery cut-offs, expert witness deadlines
☐ Check for any scheduling conference order or standing CMO deadlines
☐ Prepare Proposed Order if Pathway B applies
☐ Prepare Certificate of Service
☐ File via Wisconsin eCourts (wicourts.gov/ecourts)
☐ Ensure filing includes attorney name, address, telephone, and State Bar number per eCourts rules
☐ Update eCourts service contacts immediately after filing
☐ Serve all parties per Wis. Stat. § 801.14
☐ Transfer client file within stated timeframe per SCR 20:1.16(d)
☐ Address any outstanding client trust account balance
☐ Confirm no active grievance or bar proceedings are pending that would affect either attorney's standing

SIGNATURE BLOCKS

WITHDRAWING ATTORNEY:

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

Date: [__/__/____]

SUBSTITUTING ATTORNEY (Pathway A only):

[________________________________]
[Printed Name], State Bar of Wisconsin No. [________]
[Firm Name]
[Address], [City, Wisconsin 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; omit for Pathway A)

STATE OF WISCONSIN
CIRCUIT COURT
[________________________________] COUNTY
[________________________________] BRANCH

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

Case No.: [____________________________]

ORDER GRANTING SUBSTITUTION / WITHDRAWAL OF ATTORNEY

This matter came before the Court on the Motion for Withdrawal/Substitution of Attorney. The Court, having reviewed the motion and any supporting materials, and being otherwise fully advised:

IT IS HEREBY ORDERED that:

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

2. [________________________________], State Bar of Wisconsin 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 directed to: [Address] / [Email].

3. The existing scheduling order shall:
   ☐ Remain in full force and effect without modification.
   ☐ Be modified as set forth in an amended scheduling order.
   ☐ Be addressed at a scheduling conference set for [__/__/____] at [____] [☐ a.m. ☐ p.m.].

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

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

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

[________________________________]
CIRCUIT COURT JUDGE / COURT COMMISSIONER
[________________________________] COUNTY, [____] BRANCH

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 by the indicated method, consistent with Wis. Stat. § 801.14:

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

Date: [__/__/____]

PRACTICE NOTES AND WISCONSIN-SPECIFIC GUIDANCE

eCourts Electronic Signature Rule: Under Wisconsin's eCourts electronic filing rules, a document requiring the attorney's signature is deemed signed if submitted through the attorney's confidential authentication procedure. The attorney must not allow others to use their login credentials. Any document submitted bears the attorney's deemed signature.

State Bar Number Required on all Filings: Wisconsin eCourts rules expressly require the attorney's State Bar number on all electronically filed documents. Omitting this may result in rejection.

Wis. Stat. § 802.045 — Limited Appearances: If the withdrawing attorney appeared under a limited scope engagement (limited appearance), the statutory procedure under § 802.045 applies. Both entry AND termination of limited appearance must be noticed to the court, the client, and all parties.

SCR 20:1.16(d) — Duties on Termination: Wisconsin follows the standard RPC 1.16(d) framework: reasonable notice, allowing time to obtain other counsel, surrendering papers and property, and refunding unearned fees. Fee disputes do not entitle the attorney to retain client property.

Family Court Considerations: In Wisconsin family court matters (divorce, legal separation, paternity), substitution of counsel is common. However, guardian ad litem appointments are independent and not affected by a party's change of counsel. Notify the GAL separately.

Criminal Matters: This template is designed for civil matters. Substitution in criminal matters is subject to different rules and the court's Sixth Amendment obligations. Consult the applicable criminal procedure rules.

Wisconsin Judicial Panel Assignment: Wisconsin Circuit Courts assign cases to specific branches/divisions. Confirm the branch number for the caption and any local branch rules.

State Bar Good Standing: Verify attorney good standing at wisbar.org before filing.

Sources and References:

• Wisconsin eCourts: https://www.wicourts.gov/ecourts/efilecircuit.htm
• SCR Chapter 20 (Wisconsin Rules of Professional Conduct): https://docs.legis.wisconsin.gov/misc/scr/20
• Wis. Stat. § 802.045: https://docs.legis.wisconsin.gov/statutes/statutes/802/045
• State Bar of Wisconsin attorney directory: https://www.wisbar.org