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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.
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.