Changing Lawyers

Notice of Withdrawal of Counsel

If a lawyer representing you no longer does, s/he is supposed to file a "Notice of Withdrawal of Counsel." This notice tells the court and the other party that the lawyer no longer represents you. If the lawyer does not file the notice, the court and other parties will assume that s/he still represents you and will send pleadings and other papers to the lawyer rather than to you.

If the lawyer does not file a "Notice of Withdrawal of Counsel," encourage him or her to do so. See the Forms section for the "Notice of Withdrawal of Counsel" form.


Notice to Appear Personally or to Appoint Counsel

If the lawyer for the other party has withdrawn from the case, you must file and serve on that party a "Notice to Appear Personally or to Appoint Counsel." This notice tells the other party that there will be no action in the case for at least 21 days. After 21 days, you and the court can assume that the party is self-represented. See the Forms section for the "Notice to Appear Personally or to Appoint Counsel" form.


Notice of Appearance

If your lawyer withdraws from the case, you must decide whether to hire another or represent yourself. After you decide, file a "Notice of Appearance." This notice tells the court and the other party that you will represent yourself or that you have hired a new lawyer. Pleadings and other documents will then be sent to the right person. See the Forms section for the "Notice of Appearance" form.

If your lawyer withdraws from the case, the other party is supposed to serve you with "Notice to Appear Personally or to Appoint Counsel," but s/he might not do so. If you are served, there will be no activity in the case for at least 21 days. This allows you time to hire another lawyer. Even if the other party does not serve a "Notice to Appear Personally or to Appoint Counsel," you should file a "Notice of Appearance."


Substitution of Counsel

If you change lawyers, file a "Substitution of Counsel" form. This form tells the court and the other party that you have hired a new lawyer. See the Forms section for the "Substitution of Counsel" form.


Forms


Related Information


Page Last Modified: 5/9/2014
Return to Top