Mississippi Order Substituting Counsel for Defendant
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How to fill out Mississippi Order Substituting Counsel For Defendant?
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FAQ
A Motion for Substitution may be made by any party or by the descendant's successor or representative. It permits a party to substitute into an adversary proceeding or contested matter as a party if any of the following circumstances exist in a case:If a party dies and the claim is not extinguished.
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.
(1) Substitution if the Claim Is Not Extinguished. If a party dies and the claim is not extinguished, the court may order substitution of the proper party. A motion for substitution may be made by any party or by the decedent's successor or representative.A statement noting death must be served in the same manner.
This means that you are agreeing to release your counsel from the case. Many attorneys will ask for this if you are not paying your bill, or you are not getting along. If you do not sign this, then they have to ask the court to be relieved as counsel.
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.
Lawyers can withdraw based on the fact their client refuses to be truthful, refuses to follow the attorney's advice, demands to pursue an unethical course of action, demands unrealistic results, desires to mislead the Court, refuses to cooperate with their counsel as well as countless other reasons.
Anyone can file the Substitution of Attorney form with the court. There is no court rule or code section mandating who should file it.
A substitution of attorney is a legal document that may be created during a lawsuit if a party wishes to replace its attorney with another one. Both attorneys must sign the document (which is otherwise void).
