How to File a Substitution of Attorney


The attorney of record represents a client in a civil or criminal trial. If a client replaces her attorney in the midst of the trial, the substitute must be identified as the new attorney of record. The replacement must file a Substitution of Attorney form, signed by both the new and former attorneys, before she can appear before the court. The procedure for filing the form is set forth in the court rules and can vary by jurisdiction.

  • Request a Substitution of Attorney form from the clerk of the court where your trial is held. This form is available in most jurisdictions.

  • Fill in the form with the details about the old and new attorney of record. Be prepared to provide the new attorney's name, address, telephone number and law firm information (if applicable). Both the old attorney and the new attorney must sign the section of the form that indicates they consent to the substitution.

  • Submit the form to the clerk of the court where your trial is taking place. There is no filing fee for a Substitution of Attorney form.

  • Serve a copy of the substitution form to the other parties to the trial. The document must be delivered by someone who is not a party to the litigation and who is 18 or older. Proof of the service of the document must be submitted to the court.

  • Await the court's acknowledgement of the substitution. The judge will inform the parties that the substitution has been received by the court.


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