# Substitution of counsel

> Substitution of counsel is the court filing that swaps one lawyer for another in a pending lawsuit. When it is needed and when a judge must approve it.

Canonical page: https://accidentclaimfacts.com/glossary/substitution-of-counsel/  
Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team  
General information, not legal advice. Talk to a licensed attorney in your state.

## Quick answer

A substitution of counsel (also called a substitution of attorney) is the court filing that replaces one lawyer with another as the "attorney of record" in a lawsuit that is already pending. It tells the court and the other side who now represents you and where to send papers. In some courts a judge must approve it.

## In a car accident claim

You only need this filing if a lawsuit has been filed. Before that, changing lawyers is mostly a matter of letters between you, the old lawyer, the new lawyer and the insurer.

Under the ABA model ethics rules, a client can discharge a lawyer at any time, with or without cause. But once a case is in court, the lawyer must follow any law that requires notice to, or permission from, the court, so the change has to go through the court's own procedure. The departing lawyer must also take reasonable steps to protect you, such as to give you reasonable notice, allow time to hire another lawyer, hand over the papers and property you are entitled to, and refund any advance payment not yet earned.

Timing matters too, because the case keeps moving while the change is made. The guide to [changing lawyers](https://accidentclaimfacts.com/choosing-a-lawyer/changing-lawyers/) explains the steps, the file transfer and how the first lawyer's fee is usually handled, and the [choosing a lawyer](https://accidentclaimfacts.com/choosing-a-lawyer/) hub covers how people pick a new one.

## Example

> **Example:** Eight months into a lawsuit over a highway crash, a client decides to switch lawyers. The new lawyer prepares the court's substitution paperwork, and it is filed with the court. From then on, the court and the defense lawyer send every notice to the new lawyer.

## Related terms

- [Quantum meruit](https://accidentclaimfacts.com/glossary/quantum-meruit/)
- [Fee agreement](https://accidentclaimfacts.com/glossary/fee-agreement/)
- [Contingency fee](https://accidentclaimfacts.com/glossary/contingency-fee/)

## FAQ

### Does your old lawyer have to agree to a substitution?

No. Under the ABA model rules, the client can end the relationship at any time. How the paperwork is done depends on the court: some use a form, some a motion, and some require a judge's approval.

### Does changing lawyers restart the case or the deadlines?

No. The case and its deadlines continue where they were, which is why people usually try to make the switch quickly.

## Sources

- [American Bar Association, Model Rules of Professional Conduct, Rule 1.16](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_16_declining_or_terminating_representation/) — ending a representation, court notice or permission, duties on withdrawal
- [American Bar Association, Model Rules of Professional Conduct, Comment on Rule 1.16, [4]](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_16_declining_or_terminating_representation/comment_on_rule_1_16_declining_or_terminating_representation/), checked October 29, 2026