Minnesota Substitution of Attorney
Definition and meaning
The Minnesota Substitution of Attorney is a legal document that allows a client to replace their current attorney with a new one. This form is commonly used in legal proceedings to officially appoint a different representative, ensuring that the client's legal interests are adequately represented. It serves as a formal notice to the court and all parties involved in the case about the change in legal representation.
How to complete the form
Completing the Minnesota Substitution of Attorney form involves the following steps:
- Enter the date of the substitution.
- Provide the name of the former attorney and their contact details.
- Enter the name of the new attorney and their contact details.
- Sign the form as the client to authorize the change.
- Have the new attorney sign the form to accept the representation.
Ensure that all details are accurate and up to date to avoid any legal complications.
Who should use this form
The Minnesota Substitution of Attorney is designed for individuals involved in legal proceedings who wish to change their legal representation. This includes clients who may be dissatisfied with their current attorney or those who have found a new attorney better suited to their needs. It is applicable in various legal contexts such as family law, criminal defense, and civil litigation.
Key components of the form
The form includes several essential components:
- Date of the substitution
- Name and contact information of the current attorney
- Name and contact information of the new attorney
- Client's signature and date
- New attorney's acceptance signature
These components ensure that all pertinent information is recorded for the legal record.
Common mistakes to avoid when using this form
To ensure the Minnesota Substitution of Attorney is valid, be mindful of the following common mistakes:
- Neglecting to sign the form as the client.
- Failing to include complete contact information for both attorneys.
- Not having the new attorney sign the acceptance section.
- Using incorrect dates.
Double-check all entries before submitting the form to mitigate any issues.
What to expect during notarization or witnessing
If notarization or witnessing is required for the Minnesota Substitution of Attorney, here is what to expect:
- Presence of a Notary: Both the client and the new attorney may need to be present in front of a notary public.
- Identification: Be prepared to present valid identification.
- Signature: You will sign the form in the presence of the notary, who will then affix their seal.
This process adds an extra layer of authenticity to the document.
Form popularity
FAQ
If an individual/party to a case wishes to change its legal representation or substitute another attorney/law firm for the one currently handling the matter, the individual/party may request the court to do so.
Fill out the Substitution of Attorney-Civil (Form MC-050 ). Have someone 18 or older, NOT you, mail the other parties a copy of the Substitution of Attorney-Civil. Have the server fill out and sign the second page of the Substitution of Attorney-Civil (Form MC-050 ).
In most states, when a lawyer removes himself or herself from representation on a judgment, they use a (usually) court-provided Substitution Of Attorney form. This form is used even when there is no new attorney. With no new attorney, the OJC is representing himself or herself.
So your attorney is still your attorney of record with the court until you file this form, so if you don't want an attorney representing you in court anymore, you must file the Substitution of Attorney form. It starts by your attorney, your new attorney, filling out the name and firm information at the top.
Anyone can file the Substitution of Attorney form with the court. There is no court rule or code section mandating who should file it.