Substitution of Attorney

SUBSTITUTION OF ATTORNEY — WEST VIRGINIA CIRCUIT COURT

WEST VIRGINIA PROCEDURAL OVERVIEW

Governing Rules: Attorney withdrawal and substitution in West Virginia Circuit Court civil proceedings are governed by the West Virginia Rules of Civil Procedure and the West Virginia Trial Court Rules. W. Va. R. Civ. P. 11 addresses signing requirements and attorney appearance obligations. West Virginia Trial Court Rule 4.03 specifically governs withdrawal of counsel. The West Virginia Rules of Civil Procedure were substantially amended effective January 1, 2025.

Substitution Pathway — Consent-Based:
When the client consents and a substitute attorney is entering an appearance, filing the signed substitution notice is generally sufficient for the substitution to take effect. The withdrawing attorney must comply with notification requirements under Trial Court Rule 4.03.

Trial Court Rule 4.03 — Notification Requirements:
Before withdrawing, the withdrawing attorney must provide written notification to the client. A written certification must be filed with the court stating: (1) that the notification requirements have been met, (2) the manner in which notification was given, and (3) the client's last known address and telephone number.

Court Order Required:
Court approval via formal motion is required when: (a) the client does not consent; (b) the client cannot be located; (c) a trial date or imminent hearing is scheduled; (d) no substitute counsel is entering an appearance; or (e) the court's standing orders require it.

WV State Bar ID Number: All West Virginia-licensed attorneys are assigned a WV State Bar ID number by the West Virginia State Bar. E-filed documents must include the attorney's WV State Bar identification number. Format: numeric (e.g., WVSB No. 12345).

E-Filing — West Virginia iCourt / Tyler Odyssey: West Virginia courts have implemented e-filing through the West Virginia Judiciary's electronic filing system. Attorneys must include their WV State Bar ID number on all e-filed documents, along with their address and telephone number. Check the West Virginia Judiciary website (courtswv.gov) for the current e-filing portal for your specific circuit court.

Service: All parties must be served per W. Va. R. Civ. P. 5 upon filing. Following effective withdrawal, all pleadings and notices may be served on the party directly by mail at the client's last known address until new counsel enters an appearance.

COURT CAPTION

IN THE CIRCUIT COURT OF [________________________________] COUNTY, WEST VIRGINIA

[________________________________],
Plaintiff,

v.

[________________________________],
Defendant.

Civil Action No.: [____________________________]
Judge: [________________________________]

NOTICE OF SUBSTITUTION OF ATTORNEY AND NOTIFICATION CERTIFICATE

[Select one pathway — delete the other before filing]

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

Pursuant to West Virginia Trial Court Rule 4.03 and West Virginia Rules of Civil Procedure, [________________________________] (the "Party") hereby provides notice of substitution of counsel in the above-captioned matter: [________________________________], WVSB No. [________], of [________________________________], is substituted as counsel of record in place of [________________________________], WVSB No. [________], of [________________________________], effective [__/__/____].

The client has consented to this substitution as shown by the signature below. The withdrawing attorney's notification certificate required by Trial Court Rule 4.03 appears in the designated section below.

PATHWAY B: MOTION FOR WITHDRAWAL / SUBSTITUTION REQUIRING COURT ORDER

(Use when client has not consented, is unavailable, or no substitute is entering an appearance)

[________________________________] (the "Withdrawing Attorney"), WVSB No. [________], hereby moves this Court pursuant to West Virginia Trial Court Rule 4.03 and West Virginia RPC 1.16 for an Order permitting 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 paid fees despite reasonable written demand; [____] days have elapsed
☐ Client cannot be located after diligent efforts
☐ Conflict of interest has arisen that cannot be waived
☐ Continued representation would violate WV RPC or applicable law
☐ Other grounds under West Virginia RPC 1.16: [________________________________]

Court approval is required because:
☐ Client has not provided written consent to withdrawal
☐ Client's location is unknown — diligent search performed on [__/__/____]
☐ Trial is set for [__/__/____] and substituting attorney needs time to prepare
☐ Hearing is set for [__/__/____] on: [________________________________]
☐ No substitute attorney will be entering an appearance
☐ Court's standing order requires approval for all withdrawal/substitution matters
☐ Other: [________________________________]

TRIAL COURT RULE 4.03 NOTIFICATION CERTIFICATE

(Required in all West Virginia withdrawal and substitution filings)

I, [________________________________], the undersigned withdrawing attorney, hereby certify pursuant to West Virginia Trial Court Rule 4.03 that:

1. I have provided written notification to the client of the withdrawal/substitution and its effective date.

2. Notification was provided by the following method(s):
   ☐ Personal delivery to the client
   ☐ First-class mail to the client's last known address
   ☐ Certified mail, return receipt requested
   ☐ Email to the client's last known email address
   ☐ Other: [________________________________]

3. Date notification was provided: [__/__/____]

4. Client's Last Known Address:
   [________________________________]
   [________________________________]

5. Client's Last Known Telephone Number: [____________________________]

6. Client's Last Known Email Address: [________________________________]

7. Client's response to notification (if any): [________________________________]

Signature of Withdrawing Attorney: [________________________________]
Date: [__/__/____]

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

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

☐ I have fulfilled all notification requirements of Trial Court Rule 4.03 (see Notification Certificate above).
☐ I have provided or will provide the client all client files, documents, and property within [____] days consistent with West Virginia RPC 1.16(d).
☐ I have provided 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 updated or will update the WV e-filing system to reflect this substitution/withdrawal.
☐ I understand that following effective withdrawal, all pleadings and notices may be served on the party directly by mail at the client's last known address until new counsel appears.

SUBSTITUTING ATTORNEY INFORMATION

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

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

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

☐ I am an active member in good standing of the West 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 have registered my appearance in the WV e-filing system for this matter.
☐ 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 West Virginia sponsoring attorney is: [________________________________], WVSB No. [________].

CLIENT CONSENT AND AUTHORIZATION

(Required for Pathway A; for Pathway B, attach documentation of notice per Trial Court Rule 4.03)

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

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

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

3. Authorize [________________________________], WVSB 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 court rules, deadlines, and filing obligations.

4. Confirm receipt or offer of:
   ☐ Written notice of all pending deadlines and hearing/trial dates
   ☐ Access to or a copy of my complete case file
   ☐ An accounting of any retainer, trust balance, or unearned fee
   ☐ 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 the correct pathway (A — consent, or B — motion/order)
☐ Complete the Trial Court Rule 4.03 Notification Certificate (required in all cases)
☐ Verify WVSB ID numbers for both attorneys (confirm good standing at wvbar.org)
☐ Confirm the correct circuit court and civil action number
☐ For Pathway B: document all attempts to reach the client; confirm grounds for court approval
☐ Obtain all required signatures: withdrawing attorney, substituting attorney, client
☐ Identify all upcoming deadlines: trial date, hearing dates, discovery cut-offs, expert deadlines, ADR dates
☐ Check for any scheduling order, case management order, or mediation requirement
☐ Prepare Proposed Order if Pathway B applies
☐ Prepare Certificate of Service
☐ File via West Virginia e-filing system; include WVSB ID number on the filing
☐ Update e-filing service list to add new counsel and remove withdrawing counsel
☐ Serve all parties per W. Va. R. Civ. P. 5
☐ Transfer client file within stated timeframe per West Virginia RPC 1.16(d)
☐ Address any outstanding client trust account balance

SIGNATURE BLOCKS

WITHDRAWING ATTORNEY:

[________________________________]
[Printed Name], WVSB ID No. [________]
[Firm Name]
[Address], [City, West Virginia Zip]
[Phone] | [Email]

Date: [__/__/____]

SUBSTITUTING ATTORNEY (Pathway A only):

[________________________________]
[Printed Name], WVSB ID No. [________]
[Firm Name]
[Address], [City, West 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 [________________________________] COUNTY, WEST VIRGINIA

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

Civil Action No.: [____________________________]

ORDER GRANTING WITHDRAWAL / SUBSTITUTION OF COUNSEL

THIS MATTER came before the Court on the Motion for Withdrawal/Substitution of Counsel filed by [________________________________]. The Court, having considered the motion, the required notification certificate, and all supporting materials, and being otherwise fully advised:

IT IS HEREBY ORDERED that:

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

2. [________________________________], WVSB No. [________], of [________________________________], is hereby recognized as counsel of record for [________________________________], effective [__/__/____].
   (OR, if no substitute): [________________________________] shall proceed as a self-represented litigant. All pleadings, notices, and papers shall be served directly on [________________________________] by mail at: [Last Known Address], until further order or until new counsel enters an appearance.

3. The existing scheduling order and case management order shall:
   ☐ Remain in full force and effect without modification.
   ☐ Be modified as follows: [________________________________]

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

5. Withdrawing counsel shall transfer all client files and property to the client or to new counsel within [____] days of entry of this Order, consistent with West Virginia RPC 1.16(d).

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

[________________________________]
CIRCUIT COURT JUDGE
[________________________________] COUNTY, WEST VIRGINIA

CERTIFICATE OF SERVICE

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

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

Date: [__/__/____]

PRACTICE NOTES AND WEST VIRGINIA-SPECIFIC GUIDANCE

Trial Court Rule 4.03 — Notification Certificate is Mandatory: The notification certificate (above) is required in every West Virginia withdrawal and substitution filing. It must specify the manner of notification, the date provided, and the client's last known address and phone number. Failure to include it may result in rejection of the filing.

2025 WV Rules Amendments: The West Virginia Rules of Civil Procedure were substantially amended effective January 1, 2025. The amendments were primarily clarifying and non-substantive. Practitioners should review the current rules at courtswv.gov to confirm the latest version.

WVSB ID Number on e-Filings Required: West Virginia e-filing rules require the attorney's WV State Bar ID number on every e-filed document. Include this on the face of the filing.

Post-Withdrawal Service: Under West Virginia practice, following withdrawal where no substitute counsel has appeared, the court may allow service on the former client directly by mail at the last known address. Ensure the notification certificate captures this address accurately.

West Virginia RPC 1.16(d): Upon termination, the attorney must give reasonable notice, allow time for substitute counsel to be retained, surrender papers and property, and refund unearned fees. West Virginia follows the standard model rule approach.

Mandatory Mediation: Many West Virginia Circuit Court civil cases are subject to mandatory mediation. Check for any pending mediation order and communicate the change of counsel to the mediator promptly.

Family Court Considerations: West Virginia has separate Family Courts in each circuit. The same withdrawal and notification requirements apply, but the Family Court's timelines and case-specific rules must be considered.

Workers' Compensation and Administrative Matters: Substitution in workers' compensation or administrative proceedings before the Workers' Compensation Board of Review or other agencies follows separate procedural rules. This template is for Circuit Court civil matters only.

Sources and References:

• West Virginia Rules of Civil Procedure (2025 amended): https://www.courtswv.gov/legal-community/court-rules/rules-civil-procedure-contents
• WV Trial Court Rules: https://www.courtswv.gov/legal-community/court-rules/wv-trial-court-rules-contents
• West Virginia Rules of Professional Conduct 1.16: https://wvbar.org
• West Virginia Judiciary e-filing: https://www.courtswv.gov
• 2025 WV Rules Amendment Summary: https://wvbar.org/wp-content/uploads/2024/08/2025-WV-Rules-Amendment-Deadlines-Summary-4882-9674-5388-6-002-1.pdf