Educational guide
Changing Lawyers in a California Civil Case Checklist
A practical general-information checklist for changing attorneys or becoming self-represented in a California civil case, based on California Courts instructions, form MC-050 and rule 3.1362. It is not individualized legal advice and does not end or pause existing case deadlines.
- Review the court docket, all upcoming hearings and every current deadline before changing representation. Ending the private attorney-client relationship does not by itself update the court record, cancel a hearing or pause a filing requirement.
- If the client, former attorney and any new attorney agree to the change, California Courts directs them to use Substitution of Attorney—Civil, form MC-050. Complete the case caption and representation details and obtain the signatures required for the type of substitution being made.
- Complete the service information on page 2. Someone at least 18 years old who is not a party to the case must mail a copy to every other party—or that party's attorney—and then sign the proof of service on the original form.
- File the original completed MC-050 with the court and keep a filed copy. California Courts states that there is no filing fee; check the assigned court for its current in-person, mail or electronic-filing procedure.
- If no replacement attorney is identified, the party generally becomes self-represented and must track all deadlines and notices. Form MC-050 warns that corporations, guardians, conservators, trustees and certain other representatives ordinarily may not appear without a lawyer, so obtain qualified guidance when that issue applies.
- If an attorney seeks to withdraw without an agreed substitution, California Rules of Court, rule 3.1362 uses a court-motion procedure involving forms MC-051, MC-052 and MC-053. The moving papers and proposed order must be served on the client and all parties who have appeared, and the rule has specific requirements for confirming the client's current address.
- Continue treating counsel of record as responsible until a substitution is filed or the court's withdrawal order becomes effective. Monitor the docket for the filed substitution or signed order and promptly update contact information if the court record is incorrect.
- Arrange transfer of the client file, billing records and unearned funds directly with counsel and keep written records. Use the official resources below, a court self-help center or a qualified lawyer for questions about liens, fees, case strategy or urgent deadlines.
Official resources
This guide provides general information only and is not legal or medical advice. Rules and individual circumstances differ. In an emergency, call 911.