Legal Substitx Order

LEGAL SUBSTITX ORDER

Court:    Case No.:    Presiding Judge:

Client Name:    Current (Outgoing) Counsel:

Incoming (Substituting) Counsel:    Effective Date Requested:

RECITALS

WHEREAS, Client Name identified above is a party to the action captioned in this Court and has been represented by Current (Outgoing) Counsel in this matter; and

WHEREAS, Incoming (Substituting) Counsel has entered an appearance or seeks to enter an appearance for Client Name and has represented that Incoming (Substituting) Counsel is duly authorized and competent to represent Client Name in this matter; and

WHEREAS, Client Name has consented to the substitution of counsel and Current (Outgoing) Counsel is willing to withdraw and to transfer the client file and case materials to Incoming (Substituting) Counsel in accordance with the terms set forth below;

NOW, THEREFORE, IT IS HEREBY AGREED AND ORDERED AS FOLLOWS:

1. SUBSTITUTION OF COUNSEL

Current (Outgoing) Counsel hereby withdraws as counsel of record for Client Name in this action, and Incoming (Substituting) Counsel shall be substituted as counsel of record for Client Name as of the Effective Date Requested or as soon as the Court orders substitution. Incoming (Substituting) Counsel shall assume all duties, responsibilities and obligations owed to Client Name pursuant to applicable rules of professional conduct.

2. AUTHORITY AND SCOPE

Incoming (Substituting) Counsel is authorized to receive service of all pleadings, notices, orders and other documents in this matter and to take all steps reasonably necessary to represent Client Name, including but not limited to filing appearances, motions, and taking discovery actions. Incoming (Substituting) Counsel's authority shall not relieve Client Name of any obligations to the Court or to opposing parties.

3. TRANSFER OF FILES AND DOCUMENTS

Current (Outgoing) Counsel shall promptly deliver to Incoming (Substituting) Counsel, and upon Client Name's written request shall provide directly to Client Name, all original client files, documents, pleadings, exhibits, electronic records, and any case-related property in its possession within or within such other period as the parties agree in writing. A non-exhaustive description of materials to be transferred:

4. FEES, COSTS AND LIENS

The parties acknowledge that Current (Outgoing) Counsel may have outstanding fees, costs, or retainers. Outstanding amounts must be resolved between Client Name and Current (Outgoing) Counsel. Client Name authorizes Current (Outgoing) Counsel to take reasonable steps to protect any valid charging lien or retainers consistent with applicable law. If there is a retainer balance to be transferred, state amount:

5. SERVICE OF PROCESS AND NOTICES

All notices, correspondence and filings required under this substitution shall be served upon the parties at the addresses set forth below. The parties shall promptly notify each other and the Court in writing of any change of address.

6. CERTIFICATION AND CONSENT

By executing below, Current (Outgoing) Counsel certifies that to the best of Current (Outgoing) Counsel's knowledge there are no conflicts preventing withdrawal, and Incoming (Substituting) Counsel certifies that Incoming (Substituting) Counsel has conducted such conflict checks as are customary and appropriate. Client Name's consent to this substitution is indicated below.

Client Consent: I, , hereby consent to the substitution described herein.

7. COURT ORDER

The parties request that the Court enter an order granting this substitution and directing the Clerk to substitute Incoming (Substituting) Counsel as counsel of record for Client Name and to remove Current (Outgoing) Counsel from the service list upon entry of this Order. Entry of this Order is not a waiver of any party's rights and does not adjudicate any substantive matter in the underlying action.

8. GOVERNING LAW

This Agreement and Order shall be governed by and construed in accordance with the laws of the jurisdiction in which the Court presides, without regard to principles of conflict of laws, except to the extent governed by applicable federal rules.

9. ENTIRE AGREEMENT

This document, when signed by the parties and entered by the Court, constitutes the entire agreement between the parties with respect to the subject matter herein and supersedes all prior oral or written agreements concerning substitution of counsel in this matter.

10. SEVERABILITY

If any provision of this Order is held invalid or unenforceable by a court of competent jurisdiction, the remainder of this Order shall remain in full force and effect to the fullest extent permitted by law.

11. NOTICES, AMENDMENTS AND WAIVER

Any notice required or permitted under this Order shall be in writing and shall be deemed given when delivered by hand, by reputable overnight courier, or by first-class mail to the addresses provided above. Amendments to this Order must be in writing and signed by the parties. No failure or delay by any party in exercising any right hereunder shall operate as a waiver thereof.

12. COUNTERPARTS

This Order may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Facsimile or electronic signatures shall be treated as originals for all purposes.

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