Mississippi Order Granting Motion to Substitute Party
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FAQ
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 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.
(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.
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.
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.
In such circumstances, the attorney(s) seeking to withdraw should complete and file a Request for Approval of Substitution or Withdrawal of Counsel (Form G-01) and submit a proposed Order on Request for Approval of Substitution or Withdrawal of Counsel (Form G-01 Order).
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.
