In California, an attorney cannot simply stop working on a client’s active case. To end the representation on the court record, the attorney must file either a signed substitution or a noticed motion asking the judge to relieve them, and a notice of withdrawal of attorney of record in California is only effective once the correct filing has been made and served on the client and every other party. Which filing depends on one thing: whether the client agrees.
The Two Paths Under Code of Civil Procedure Section 284
Section 284 of the Code of Civil Procedure sets out both options. If the client and attorney agree, they sign a substitution form and file it with the clerk. No hearing, no judge’s permission. If the client won’t agree, can’t be reached, or refuses to sign, the attorney must file a motion to be relieved as counsel and obtain a court order. 1California Legislative Information. California Code of Civil Procedure 284 – Attorneys and Counselors at Law
Until one of those two things happens, the attorney remains counsel of record. Filings and notices from opposing parties still come to that attorney, and the attorney is still on the hook for deadlines in the case. Section 285 puts it plainly: other parties are entitled to keep treating the current attorney as counsel until they receive written notice of the change. 2California Legislative Information. California Code of Civil Procedure 285 – Change of Attorney
Consent Substitution Using Form MC-050
When everyone agrees, the paperwork is short. Judicial Council form MC-050, “Substitution of Attorney—Civil (Without Court Order),” handles both a switch to a new attorney and a switch to self-representation. 3Judicial Council of California. Substitution of Attorney – Civil (Without Court Order)
The first page collects the case caption and the contact information for the departing attorney and the incoming representative. If the client will represent themselves (pro per), the client’s own address and phone go in the new-representative section. Three signatures are required: the client, the outgoing attorney, and the incoming attorney (or the client again, if going pro per). 3Judicial Council of California. Substitution of Attorney – Civil (Without Court Order)
Page two is the proof of service. Someone at least 18 years old and not a party to the case mails a copy to every other party, then signs the proof of service. The original, with proof of service attached, goes to the court clerk. No filing fee. 4California Courts. Remove or Add a Lawyer to Your Case
Motion to Be Relieved as Counsel
When the client won’t sign or can’t be located, the attorney files a motion under Rule of Court 3.1362. Three Judicial Council forms travel together as a packet: 5Judicial Branch of California. California Rules of Court Rule 3.1362 – Motion to Be Relieved as Counsel
- MC-051, the Notice of Motion and Motion to Be Relieved as Counsel—Civil, which puts the client and other parties on notice that the attorney is asking the court for permission to withdraw under CCP 284(2).6Judicial Council of California. Notice of Motion and Motion to Be Relieved as Counsel – Civil (MC-051)
- MC-052, the sworn declaration explaining why a court order is needed rather than a consent substitution.
- MC-053, the proposed order for the judge to sign, lodged with the moving papers rather than sent up later.
The motion is set for a hearing and generally carries the standard motion filing fee, though the amount depends on the court’s current schedule.
What the MC-052 Declaration Has to Say
The MC-052 is where the court decides whether the attorney has good cause to leave. The declaration must explain, in general terms, why the attorney is bringing a motion instead of using a consent substitution. The attorney cannot disclose confidential client communications; if the general statement isn’t enough, the judge can order an in-camera hearing for more detail. 5Judicial Branch of California. California Rules of Court Rule 3.1362 – Motion to Be Relieved as Counsel
The declaration must also list every upcoming hearing, discovery cutoff, and trial date; state the client’s last known address; describe how the client was served with the motion papers; and set out the efforts made to confirm the client’s current address if contact has been lost. 7Judicial Council of California. MC-052 Declaration in Support of Attorney’s Motion to Be Relieved as Counsel – Civil
Serving the Motion on the Client
The full packet, MC-051, MC-052, and the proposed MC-053, must be served on the client and on every other party who has appeared. Service on the client can be personal, electronic, or by mail. 5Judicial Branch of California. California Rules of Court Rule 3.1362 – Motion to Be Relieved as Counsel
If service is by mail, the declaration must show facts that the mailing address is the client’s current residence or business address, confirmed within the last 30 days. If the attorney can’t confirm the address, the declaration must describe the search: return-receipt mailings, calls to the last known number, contact with people who might know the client, and any other investigation. A letter that simply wasn’t returned as undeliverable is not enough on its own. 5Judicial Branch of California. California Rules of Court Rule 3.1362 – Motion to Be Relieved as Counsel
When the Withdrawal Actually Takes Effect
Timing works differently for each method, and this is where attorneys most often get caught.
A consent substitution on form MC-050 takes effect once it’s filed and served. No waiting period.
A court-ordered withdrawal is not automatic when the judge signs. Under Rule 3.1362, the order can be conditioned on the filing of a proof of service showing the signed order was served on the client. Until that proof of service is on file, the attorney remains counsel of record, sometimes for days or weeks after the hearing. 5Judicial Branch of California. California Rules of Court Rule 3.1362 – Motion to Be Relieved as Counsel
The proposed order also has to list every scheduled hearing and the trial date. If no hearing is currently set, the court may set one before signing, so the now-unrepresented client has a specific date they must appear. 5Judicial Branch of California. California Rules of Court Rule 3.1362 – Motion to Be Relieved as Counsel
Grounds the Court Will Look For
Rule of Professional Conduct 1.16 separates mandatory withdrawal from permissive withdrawal. An attorney must withdraw when the client is using the case to harass someone, when continued representation would violate the Rules of Professional Conduct or the State Bar Act, when the attorney’s physical or mental condition makes effective representation unreasonably difficult, or when the client has fired the attorney. 8State Bar of California. California Rule of Professional Conduct 1.16 – Declining or Terminating Representation
Permissive grounds cover the rest. A client insisting on a frivolous or illegal course of action, a breached fee agreement after a warning, co-counsel conflicts, an inability to locate the client, or a general breakdown in the attorney-client relationship all qualify. The general-breakdown ground is the one most often cited in practice. 8State Bar of California. California Rule of Professional Conduct 1.16 – Declining or Terminating Representation
No matter the reason, Rule 1.16(d) requires reasonable steps to avoid foreseeable harm to the client, including notice long enough to find new counsel, return of the client’s papers and property, and refund of unearned fees. And if the court denies the motion, the attorney has to keep going. 8State Bar of California. California Rule of Professional Conduct 1.16 – Declining or Terminating Representation
Limited Scope Representation Uses a Different Track
Attorneys hired for a defined piece of a case, rather than the whole matter, follow Rule of Court 3.36 instead of Rule 3.1362. After finishing the agreed tasks, the attorney files form CIV-151, Application to Be Relieved as Attorney on Completion of Limited Scope Representation, certifying that the tasks listed in the original Notice of Limited Scope Representation (CIV-150) are complete. 9Judicial Branch of California. California Rules of Court Rule 3.36 – Notice of Limited Scope Representation and Application to Be Relieved as Attorney10Judicial Council of California. CIV-151 Application to Be Relieved as Attorney on Completion of Limited Scope Representation
The application is served on the client and all other parties. The client has 15 calendar days to object using form CIV-152 (20 days if served by mail). If no objection is filed, the court grants the application. The objection process only addresses whether the agreed tasks were completed; it cannot be used to dispute fees or to make the attorney take on additional work.
What Happens to the Client
When the withdrawal is complete and no replacement is in place, the client becomes self-represented. The court and every other party need an updated mailing address and phone number right away, because every notice, motion, and discovery request will start going straight to the client.
A self-represented party is held to the same deadlines and procedures as any attorney. Missing a discovery response, a hearing appearance, or a filing deadline can lead to sanctions, dismissal, or a default judgment. The single most useful thing a newly unrepresented client can do is calendar every date already on file in the case, including the ones listed in the order relieving counsel or in the substitution paperwork.
If a former attorney is holding onto the client’s file, the file itself, including original documents, correspondence, pleadings, and discovery, belongs to the client. The ethical rules generally require turning it over promptly so the client’s case isn’t prejudiced. The State Bar complaint process is one avenue if the attorney refuses.