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Motion to Substitute Counsel

Service Description

A “motion to substitute counsel” is a legal document filed in court when a party wishes to change their legal representation during a case. This could be due to a variety of reasons, such as a breakdown in communication, a disagreement on strategy, or the client’s dissatisfaction with their current lawyer’s performance.

The requirements for filing a motion to substitute counsel vary by jurisdiction, but generally, the motion must be filed with the court where the case is pending. The motion must include the name and contact information of the new counsel, a statement explaining the reason for the change, and an assurance that the change will not unduly delay the proceedings.

How to Draft:
To draft a motion to substitute counsel, you should start by clearly stating your request to the court and the reasons for the request. The motion should also include any necessary information about the new counsel, such as their name, contact information, and agreement to represent you. It is also helpful to attach a proposed order for the court’s convenience.

Once the motion is drafted, it must be filed with the court clerk, and a copy must be served on all parties involved in the case, including the current counsel. Some jurisdictions may also require a hearing on the motion, in which case notice of the hearing must be given to all parties as well.

In conclusion, filing a motion to substitute counsel is a crucial step for parties who wish to change their legal representation during a case. By understanding the requirements, carefully drafting the motion, and following the proper filing procedures, parties can ensure a smooth transition to their new counsel.