Legal Definitions - substitution of attorney

Substitution of Attorney refers to the formal legal process by which a client changes the lawyer representing them in a legal matter before a court or other legal body. It signifies the replacement of one attorney with another during the course of a legal case.

This right primarily belongs to the client, allowing them to select new legal counsel if they are dissatisfied with their current representation, disagree with the strategy, or for any other reason they deem appropriate. Attorneys may also seek to withdraw and be substituted under specific professional circumstances, such as a client's refusal to pay fees, a client's request to pursue an illegal course of action, or a breakdown in the attorney-client relationship. The process typically involves filing a formal document with the court, often signed by both the departing and incoming attorneys, and notifying all other parties involved in the case.

Here are some examples illustrating when a substitution of attorney might occur:

• A client seeks a more aggressive litigation strategy: A small business owner is being sued for breach of contract. After several months, they feel their current attorney is too passive in negotiations and is not pursuing discovery aggressively enough. The client decides to hire a new law firm known for its assertive litigation tactics to take over the case.

  This illustrates a substitution initiated by the client due to dissatisfaction with their current attorney's approach and a desire for a different legal strategy.

• An attorney withdraws due to a client's non-cooperation: An attorney is representing a defendant in a criminal case. Despite repeated requests, the client consistently fails to provide necessary information, misses scheduled meetings, and refuses to follow the attorney's advice regarding court procedures. Feeling unable to effectively represent the client under these circumstances, the attorney files a motion with the court to withdraw from the case and allow the client to find new counsel.

  This demonstrates a substitution initiated by the attorney, often with court approval, because the client's lack of cooperation has made it impossible to provide competent representation.

• A client's financial situation changes, requiring different representation: A person involved in a complex divorce proceeding initially hired a high-cost attorney. Midway through the case, their financial circumstances significantly change, making it difficult to continue paying the attorney's fees. The client then decides to substitute their current attorney with a new lawyer who offers more affordable rates or works on a different fee structure, such as a limited scope representation for specific tasks.

  This example shows a client-initiated substitution driven by practical considerations, specifically a change in financial ability to afford their chosen legal representation.