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The procedure by which one party in an action is replaced by another. This can be due to a number of reasons including death, incompetence, removal or resignation of someone being sued in his official capacity, etc.
?Of Counsel? Definition: ABA Formal Opinion 90-357 (1990) 90-357 defines the ?Of Counsel? professional designation as a ?close, regular, personal relationship? with a lawyer or law firm that is other than that of a partner or associate or the equivalent of a partner or associate.
This process is called "Consensual Substitution of Counsel." A new attorney may replace the current attorney. A new attorney may now represent a client who previously was a self-represented party.
When an attorney desiring to withdraw is to be replaced simultaneously, the succeeding attorney must file a motion to substitute counsel. If the presiding judge grants the motion, the order effects both the substitution of the succeeding attorney and the withdrawal of the attorney being replaced.
This process is called "Consensual Substitution of Counsel." A new attorney may replace the current attorney. A new attorney may now represent a client who previously was a self-represented party.