[Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Date] [Judge's Name or Court Clerk's Name] [Name of the Court] [Court's Address] [City, State, Zip Code] Re: Motion for Substitute Counsel of Record [Case Name and Number] Dear [Judge's Name or Court Clerk's Name], I hope this letter finds you in good health and high spirits. I am writing to respectfully request permission to substitute my current attorney of record with a new counsel in the above-mentioned case. Due to unforeseen circumstances and a breakdown in communication, I believe that a change in legal representation is necessary for the effective and efficient pursuit of my legal rights. I am currently represented by [Current Attorney's Full Name] in this matter. Since the initiation of this case, I have made multiple attempts to establish and maintain clear and open lines of communication with my attorney. However, these efforts have been met with consistent failures, causing significant delays and frustrations in the progress of my defense. Despite my repeated attempts to address these concerns with my current counsel, the issues have not been resolved, leading to an irreparable breakdown of trust and confidence. After careful consideration and extensive research, I have identified a new legal representative whom I believe is better suited to handle my case competently and diligently. I have retained [New Attorney's Full Name], an experienced attorney with particular expertise in [relevant area, e.g., criminal defense, personal injury, family law]. I have consulted with [New Attorney's Name] extensively, and I am confident that their knowledge, skills, and commitment to providing exceptional legal services will greatly benefit my case. Furthermore, I have already consulted with my new attorney, who has agreed to step in and assume the role of counsel of record in the present matter. [New Attorney's Full Name] has confirmed their availability and willingness to diligently represent my interests from this point forward. I understand that a motion for substitution of counsel requires the Court's approval. Therefore, I kindly request that the Court grant this motion and substitute [New Attorney's Full Name] as my new counsel of record. I assure you that this decision is driven by the need for effective legal support, improved communication, and the steadfast pursuit of justice. I am confident that this change will inject renewed enthusiasm and dedication into the progress of my case. Enclosed with this letter, please find the necessary documentation supporting this motion, including: 1. A copy of my executed retainer agreement with [New Attorney's Full Name]. 2. A signed statement of consent from [New Attorney's Full Name] to serve as substitute counsel of record. 3. A copy of my correspondence with my current attorney outlining my concerns regarding communication breakdown and lack of progress. I kindly request that the Court set a hearing date to review this motion at the earliest convenience. Should the Court require any additional information or documentation, please do not hesitate to contact me at [Phone Number] or [Email Address]. Thank you for your attention to this matter. I look forward to the Court's favorable consideration of this motion and a seamless transition to my new legal representation. Sincerely, [Your Name]
Oregon Sample Letter for Motion for Substitute Counsel of Record
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How to fill out Sample Letter For Motion For Substitute Counsel Of Record?
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(c) Withdrawing attorney (1) An attorney may request withdrawal by filing a motion to withdraw. Unless the court orders otherwise, the motion need be served only on the party represented and the attorneys directly affected. (2) The proof of service need not include the address of the party represented.
The client's replacement counsel who is a member of the same law firm as the attorney of record may file a notice of substitution of counsel. The notice of substitution must include a representation that the client has been informed of and consents to the substitution.
Section 284 specifies that permission in an action or special proceeding may be obtained in one of two ways: either with consent of the client, by filing a substitution of attorney form, or by a court order, following an application by the client or attorney.
Code of Civil Procedure (?CCP?) section 1005 states the amount of time required to give notice of most motions. The moving papers must be personally given to each opposing side at least 21 days before the hearing on the motion, OR mailed to each opposing side at least 26 days before the hearing on the motion.
If this motion to be relieved as counsel is granted, you will not have an attorney representing you. You may wish to seek legal assistance. If you do not have a new attorney to represent you in this action or proceeding, and you are legally permitted to do so, you will be representing yourself.
A notice of motion and motion to be relieved as counsel under Code of Civil Procedure section 284(2) must be directed to the client and must be made on the Notice of Motion and Motion to Be Relieved as Counsel-Civil (form MC-051). (Subd (a) amended effective January 1, 2007; previously amended effective July 1, 2000.)
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.
An attorney who has entered an appearance for a party must file a motion to be relieved as counsel when another attorney is not being substituted. Notice of such motion, including the date of the hearing, shall be given to the client to afford an opportunity to be heard on the motion.
