What You Need to Know About Successor Counsel?

You have the right terminate your attorney relationship at any point. It is not uncommon to seek successor counsel as there are many reasons why someone would feel moved to terminate their agreement with their attorney, including the complexity of the case. Additionally, there are circumstances in which the attorney pursues termination of the legal relationship. Ultimately, when the attorney client relationship is terminated during the pendency of the matter there must be a motion to withdraw filed with the court. When you are seeking successor counsel you must ensure that your prior counsel has withdrawn from your matter. This blog discusses successor counsel and what factors contribute to your search for new counsel. 

Substituting counsel is not any easy task and there are critical requirements to ensure that the change of attorneys is as painless as possible, such as timing relevant to a hearing or trial date. It is generally unlikely successor counsel will take a case just before a court date. If you are in a position where you are seeking a new attorney for your pending matter, you should first express to your current attorney that you wish to terminate the relationship. Once the attorney is notified about the termination, the attorney is responsible for properly withdrawing from the matter. The attorney will file a motion to withdraw and certify your last known contact information, such as your mailing address, phone number, and email.

While searching for a new attorney, you may have an idea of the type of counsel you are looking for, but you should always consider if they are experienced as successor counsel. Passing a case off to a new attorney can be challenging since they were not involved from the beginning. Successor counsel must be aware of the upcoming dates and deadlines for the matter. Additionally, successor counsel must have all relevant documents pertaining to your matter and that can be accomplished through the willingness of prior counsel or from the client.  Lastly, it is crucial that the attorney you choose, as successor counsel, can take over the case and ensure that client is receiving the best attention and care for their matter. There are circumstances in which you are seeking new counsel due to inattention to your case by prior counsel, which creates a new level of difficulty for successor counsel.

When looking for a new attorney to take over your matter you should feel confident that successor counsel can handle the transition – this counsel has the time, resources, and skills to handle the case and its complexities. Attorneys at Ciyou & Associates, P.C., have an extensive history taking on cases as successor counsel in many family law matters, including appellate practice. This blog post was written by attorneys at Ciyou & Associates, P.C., and this blog is not intended as specific legal advice or a solicitation for services. This is an advertisement.


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