South Carolina Sample Letter for Agreed Order Substituting Counsel Dear [Opposing Counsel/ Court Clerk], RE: Agreed Order Substituting Counsel — [Case Name/Number] I hope this letter finds you well. I am writing to submit an Agreed Order Substituting Counsel in the aforementioned case. As per our discussions and agreement in regard to the representation of the parties involved, we hereby request the Court to enter an order granting the substitution of counsel as follows: 1. The undersigned counsel, [Current Attorney Name], respectfully moves to be relieved as counsel for [Client Name] in the above-mentioned case. 2. [New Attorney Name], duly licensed to practice law in the state of South Carolina and in good standing with the Bar Association, has been retained by [Client Name] as their substitute counsel. 3. [New Attorney Name] has reviewed the case file, is fully informed about the relevant facts and legal issues, and is prepared to diligently represent [Client Name] moving forward. 4. [New Attorney Name] has confirmed that any pending deadlines, hearings, or court appearances will be met and attended to without delay, ensuring no inconvenience or delay to the proceedings. 5. Both parties, [Current Attorney Name] and [New Attorney Name], affirm that they have consulted with their respective clients, and that the clients are fully aware and in agreement with the substitution of counsel. 6. All documents, evidence, and information relevant to the case will be promptly transferred and provided to [New Attorney Name], ensuring seamless continuity in the legal representation. 7. All physical and electronic copies of the case file held by [Current Attorney Name] shall be transferred to [New Attorney Name] within [reasonable timeframe, preferably no more than 10 days] from the date of the court order. 8. [New Attorney Name] assures the Court that they are competent to represent [Client Name] and have no conflicts of interest. They will meet all ethical obligations and responsibilities required in their role as substitute counsel. We kindly request the Court's approval of this agreed order and that it be issued as soon as possible, ensuring uninterrupted legal representation for all parties involved in this case. Please find attached a copy of the proposed Agreed Order Substituting Counsel for your review, consideration, and incorporation into the court records. If you have any questions or require additional information, kindly contact me at [Current Attorney's Phone Number or Email Address]. Thank you for your prompt attention to this matter. Yours sincerely, [Current Attorney Name] [Law Firm Name] [Address] [Phone Number] [Email Address] Keywords: South Carolina, sample letter, agreed order substituting counsel, legal representation, case file, court order, substitute counsel, deadlines, hearings, court appearances, legal obligations, ethical responsibilities, conflict of interest, court records, law firm, attorney.
South Carolina Sample Letter for Agreed Order Substituting Counsel
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How to fill out South Carolina Sample Letter For Agreed Order Substituting Counsel?
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FAQ
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.
Discussion The current rule of court concerning motions to be relieved as counsel requires that an attorney seeking to withdraw serve the notice, motion, and declaration on the client and all other parties who have appeared in the action. (Cal. Rules of Court, rule 3.1362(d), Service.)
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.
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.
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.)
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.
Withdrawal is also permitted if the lawyer's services were misused in the past. The lawyer also may withdraw where the client insists on pursuing a repugnant or imprudent objective or one with which the lawyer has fundamental disagreement.
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.
