Information or instructions: Motion Consent of Client & Order to substitute counsel 1. This motion allows attorneys to substitute on a case. 2. See TRCP 8, which states that the leading counsel shall be defined. Most local court rules require a motion to substitute counsel as a prerequisite to the withdrawal of an attorney. 3. See TRCP 9 concerning the number of counsel who may be heard. Not more than two counsel may be heard on any question or on the trial except with leave of court. 4. See TRCP 10 which defines the term "attorney of record." 5. PLEASE The following form assumes that DO the attorney NOT of record has moved COPY the court to substitute the attorney designated in the motion as the attorney of record in the case and allow the current attorney of record to withdraw from further representation. 6. The motion is signed by the moving attorney, the client, and the attorney to be substituted in the action and is followed by an order. 7. TRCP Rule 10 requires that Motions for Substitution contain the following items: a. Name; b. Address; c. Telephone number; d. State Bar identification number of the substitute attorney; e. The attorney to be substituted in must sign the Motion To Substitute; f. The Motion must state that the substitution has the approval of the client; and g. That the withdrawal and substitution is not sought for reasons of delay only.
Form: Motion to substitute counsel [CAUSE NUMBER PLAINTIFF vs. DEFENDANT IN THE [Type of Court] COURT [Court number] OF [NAME], COUNTY, TEXAS MOTION TO SUBSTITUTE COUNSEL [Attorney s name], the Attorney of Record for [Name of party] moves the Court to substitute [Attorney s name] as Attorney of Record in this Cause. 1. The attorney to be substituted in is: [Attorney s name, Address, telephone number, Facsimile number, and state bar identification number]. 2. Movant would show that this Motion has the approval of the client; that the withdrawal and substitution are not sought for delay only. PRAYER Movant prays the Court grant this motion, enter orders in accordance with this motion, and grant general relief. Respectfully Submitted, [Law Firm Name] By [Attorney s Name] Attorney for [Plaintiff, Defendant or Movant] [Attorney s Address] [Telephone Number] [Facsimile Number] [Bar Card Number]
CONSENT OF CLIENT AND SUBSTITUTE COUNSEL The undersigned, [Name of client], consents to the appointment of [Name of substituting attorney] as Attorney of Record and agrees that substitution of counsel in this cause shall not be used as ground for a continuance. Respectfully Submitted, [Law Firm Name] By [Attorney s Name] Attorney for [Plaintiff, Defendant or Movant] [Attorney s Address] [Telephone Number] [Facsimile Number] [Bar Card Number] [Signature of client] [Name of New Attorney]
CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing pleading or document has been served upon all attorneys of record and any parties who are not represented by an attorney on. Attorney for: Attorney s name: Attorney s address [Other attorney s client s name] [Other attorney s name] [Other attorney s address] Type of Service: U.S. Mail, Certified Return Receipt Request No.. U.S. Mail, First Class. Hand delivery by [name of delivery service]:. Facsimile transmission to [fax number] before 5 p.m. [Attorney s signature]
PLAINTIFF vs. DEFENDANT CAUSE NUMBER IN THE [Type of Court] COURT [Court number] OF [NAME], COUNTY, TEXAS ORDER On, the court considered the [Plaintiff/Defendant s] Motion To Substitute Counsel After considering the motion, the court decided that the request should be granted. Signed on. JUDGE PRESIDING APPROVED AS TO FORM AND SUBSTANCE: [Law Firm s or Attorney s Name] Attorney for [Plaintiff or Defendant] [Address] [Telephone & facsimile numbers] Texas Bar no. [Number] APPROVED AS TO FORM ONLY: [Law Firm s or Attorney s Name] Attorney for [Plaintiff or Defendant] [Address] [Telephone & facsimile numbers] Texas Bar no. [Number]