ANSWERS: 1
  • A substitution of attorney (or counsel) is a document stating that a party to a lawsuit or a criminal defendant is replacing his or her lawyer. There are many reasons someone may want or need a new lawyer.

    Attorney Discharged by Client

    A client has a right to discharge a lawyer at any time. The discharge is normally subject to payment for the lawyer's services rendered to date.

    Mandatory Withdrawal by Attorney

    An attorney must withdraw from representation if a client insists that the attorney engages in illegal conduct or conduct that violates the rules of professional conduct. A lawyer must withdraw if the lawyer's own mental or physical condition impairs the lawyer's ability to represent the client.

    Optional Withdrawal by Attorney

    An attorney may withdraw from representation if a client persists in conduct that the attorney believes is fraudulent or criminal. A lawyer may withdraw if a client refuses to abide by the terms of an agreement relating to the representation, such as a fee agreement.

    Discharge or Withdrawal of Appointed counsel

    When the outgoing counsel is court-appointed, the court must approve the substitution. This is generally true whether the client wishes to discharge the attorney or the attorney wishes to withdraw.

    Responsibilities of Outgoing Attorney

    An outgoing attorney must assist a client upon withdrawal by taking reasonable steps to mitigate the consequences to the client. This is true even if the attorney has been fired by the client.

    Source:

    American Bar Association Model Rule of Professional Conduct 1.16: Declining Or Terminating Representation

    Substitution of attorney

    USLegal Free Legal Dictionary: Substitution of Counsel

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