Arizona Sample Letter for Motion for Substitute Counsel of Record
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FAQ
Code of Civil Procedure (?CCP?) section 1005 states the amount of time required to give notice of most motions. The moving papers must be personally given to each opposing side at least 21 days before the hearing on the motion, OR mailed to each opposing side at least 26 days before the hearing on the motion.
If this motion to be relieved as counsel is granted, you will not have an attorney representing you. You may wish to seek legal assistance. If you do not have a new attorney to represent you in this action or proceeding, and you are legally permitted to do so, you will be representing yourself.
This process is called "Consensual Substitution of Counsel." A new attorney may replace the current attorney. A new attorney may now represent a client who previously was a self-represented party.
The client's replacement counsel who is a member of the same law firm as the attorney of record may file a notice of substitution of counsel. The notice of substitution must include a representation that the client has been informed of and consents to the substitution.
Discussion The current rule of court concerning motions to be relieved as counsel requires that an attorney seeking to withdraw serve the notice, motion, and declaration on the client and all other parties who have appeared in the action. (Cal. Rules of Court, rule 3.1362(d), Service.)
A notice of motion and motion to be relieved as counsel under Code of Civil Procedure section 284(2) must be directed to the client and must be made on the Notice of Motion and Motion to Be Relieved as Counsel-Civil (form MC-051). (Subd (a) amended effective January 1, 2007; previously amended effective July 1, 2000.)
A notice filed to the Court that the client is switching attorneys. Both the departing attorney and the newly hired attorney sign the document.
An attorney who has entered an appearance for a party must file a motion to be relieved as counsel when another attorney is not being substituted. Notice of such motion, including the date of the hearing, shall be given to the client to afford an opportunity to be heard on the motion.
