Subject: Texas Sample Letter for Agreed Order Substituting Counsel Dear [Recipient's Name], I hope this letter finds you in good health and high spirits. I am writing to provide you with a comprehensive description and a sample letter regarding the Agreed Order Substituting Counsel process in Texas. This letter aims to facilitate your understanding and utilization of this legal procedure in various scenarios. The Agreed Order Substituting Counsel refers to the legal process through which an attorney is replaced by another attorney or law firm in an ongoing legal matter. This substitution is typically requested when the client believes that it is in their best interest to change legal representation due to various reasons, such as a lack of confidence in the current attorney, a better-suited attorney becoming available, or any other valid justifications. The Texas Sample Letter for Agreed Order Substituting Counsel is a document that enables seamless communication between the former attorney, the new attorney, and the court. It ensures transparency and compliance with the court's requirements while effectuating the substitution. The letter generally entails the following sections: 1. Date and Contact Information: Provide the current date and then include the contact details of the sender (client) and recipient (original attorney). 2. Introduction: Begin the letter by addressing the original attorney and expressing gratitude for their previous services. 3. Client's Intent to Substitute Counsel: Clearly state the client's intention to substitute counsel, citing the reasons for the change and the new attorney or law firm's name that will take over the representation. 4. Acceptance of Substitution: Seek the original attorney's formal consent to be substituted by the new attorney or law firm, emphasizing the client's right to choose their legal representation. 5. Information of New Attorney or Law Firm: Provide the full contact details of the new attorney or law firm, including their name, address, phone number, and email address. 6. Request for Agreed Order: Politely request the original attorney to cooperate in preparing and signing an Agreed Order Substituting Counsel. This order will require court approval to finalize the substitution. 7. Acknowledgment of Materials Exchange: Confirm that all relevant case materials and documents have been transferred or requested to be transferred from the original attorney to the new attorney or law firm. 8. Gratitude and Goodwill: Express appreciation to the original attorney for their past services and professionalism, fostering a positive and amicable transition. It's important to note that there may be variations of these sample letters depending on the specific legal matter or jurisdiction within Texas. However, the above-described structure generally covers the essential sections required for an effective Agreed Order Substituting Counsel letter. We hope that this comprehensive description and sample letter of the Texas Agreed Order Substituting Counsel process will assist you in efficiently navigating this legal procedure. Should you need any further assistance or have any specific concerns, please do not hesitate to reach out to us. Best regards, [Your Name] [Your Title/Position] [Your Contact Information]
Texas Sample Letter for Agreed Order Substituting Counsel
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FAQ
An attorney may withdraw from representing a party only upon written motion for good cause shown.
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.
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.
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.
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.
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.
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.)
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.)
