In California, substitution of counsel happens one of two ways under Code of Civil Procedure Section 284: a consent-based swap that you and your current attorney sign off on together, or a court-ordered change when someone objects or won’t cooperate.1California Legislative Information. California Code of Civil Procedure CCP 284 Which path you’re on decides which forms you file, whether a judge has to approve the change, and how long it takes.
Consent or Court Order
Everything else follows from this fork.
Under CCP 284(1), if you and your current attorney both agree to the change, you file a signed form with the clerk. No hearing. No judicial approval. The filing itself is the substitution. This is the faster and far more common route.
Under CCP 284(2), if either side objects, or your attorney has gone silent, or your attorney is the one trying to leave without your agreement, the party seeking the change has to file a motion and get a judge’s ruling.1California Legislative Information. California Code of Civil Procedure CCP 284
You can substitute at any time before or after judgment. Timing still matters, though, because a switch right before trial invites arguments about delay and leaves any new attorney very little runway.
The Consent Route: Form MC-050
The Judicial Council’s mandatory form is MC-050, “Substitution of Attorney—Civil (Without Court Order).”2Judicial Council of California. MC-050 Substitution of Attorney – Civil The same form works whether you’re moving to a new attorney or dropping representation to appear on your own.3California Courts. Substitution of Attorney – Civil (Without Court Order)
Switching from one attorney to another takes three signatures on the consent lines: yours, your outgoing attorney’s, and your incoming attorney’s. If you’re going to represent yourself, only you and the outgoing attorney sign.2Judicial Council of California. MC-050 Substitution of Attorney – Civil Check the case number, party names, and court information before you file. Clerks reject filings over those basics more than over anything else.
Service and Notice
After the form is signed, serve it by mail on every other party in the case. Whoever mails it completes the Proof of Service on the back of the MC-050, and both documents go to the clerk together.2Judicial Council of California. MC-050 Substitution of Attorney – Civil The person doing the mailing must be at least 18 and not a party.4California Courts. Serving Court Papers
CCP 285 requires written notice of the change to every adverse party. Until that notice goes out, the other side is entitled to keep dealing with your former attorney as though nothing changed.5California Legislative Information. California Code of Civil Procedure 285 If opposing counsel sends a settlement offer or files a motion in the gap, and your old attorney receives it first, that communication may still count.
A properly signed and filed MC-050 takes effect on filing. The court doesn’t approve it, and it can’t reject it. The consent path is a filing, not a request.
The Motion Route: Being Relieved as Counsel
When consent isn’t available, the attorney (or client) seeking the change has to move for it under CCP 284(2). California Rules of Court Rule 3.1362 sets out exactly what the motion needs.6Judicial Branch of California. California Rules of Court Rule 3.1362 – Motion to Be Relieved as Counsel Three forms:
- MC-051, Notice of Motion and Motion to Be Relieved as Counsel—Civil.
- MC-052, the supporting Declaration, which has to explain in general terms why consent couldn’t be obtained without disclosing privileged communications.
- MC-053, the Proposed Order, which must list every upcoming hearing date and the trial date if one is set.
All three go to the client and every party who has appeared. When the client is served by mail, the attorney must include a declaration confirming the address is current, meaning it was verified within 30 days before filing. Showing that earlier mail wasn’t returned isn’t enough. No separate legal brief is required with the motion.6Judicial Branch of California. California Rules of Court Rule 3.1362 – Motion to Be Relieved as Counsel
What the Judge Weighs
Unlike the consent path, the motion route gives the judge real discretion. The court looks at whether withdrawal would prejudice the client or cause undue delay. In Mandell v. Superior Court, the Court of Appeal held that this discretion has to be exercised reasonably and cannot be used to bind an attorney to a case indefinitely.7Justia Law. Mandell v. Superior Court In practice, judges deny withdrawal when trial is close and the client would be left scrambling, or when the motion looks like a stall. Courts can also delay the effective date of the order so the client has time to find someone new.
If You Can’t Afford the Filing Fee
California allows a fee waiver request for court costs. Government Code Section 68631 tells courts to grant initial fee waivers when the applicant meets the eligibility standards in Sections 68632 and 68633.8California Legislative Information. California Government Code 68631 Eligibility generally covers people receiving certain public benefits, those below specified income thresholds, and anyone whose basic living expenses leave them unable to pay court costs. A granted waiver can be ended or modified later if the court determines you no longer qualify.9Judicial Branch of California. California Rules of Court Rule 3.50 – Application of Rules
What Your Former Attorney Owes You
California Rule of Professional Conduct 1.16 sets the outgoing attorney’s duties, and they are more specific than most clients expect.10The State Bar of California. California Rule of Professional Conduct 1.16 – Declining or Terminating Representation
Your File
On termination, your former attorney must promptly turn over all client materials and property at your request. That covers correspondence, pleadings, deposition transcripts, expert reports, exhibits, and physical evidence, in paper or electronic form. And the file must be handed over whether or not you’ve paid your bill.10The State Bar of California. California Rule of Professional Conduct 1.16 – Declining or Terminating Representation Some attorneys try to hold files until invoices are paid. The rule is explicit that your entitlement to your materials doesn’t depend on payment.
Refund of Unearned Fees
Your former attorney also has to refund any portion of advance fees or costs that weren’t earned or incurred. The one exception is a true retainer, meaning a flat amount paid solely to secure the attorney’s availability rather than for actual work.10The State Bar of California. California Rule of Professional Conduct 1.16 – Declining or Terminating Representation
Ongoing Duty to Protect Your Case
Rule 1.16(d) requires the outgoing attorney to take reasonable steps to avoid foreseeable harm during the transition. That means meeting deadlines that fall in the gap, giving you enough notice to find a replacement, and cooperating with incoming counsel.10The State Bar of California. California Rule of Professional Conduct 1.16 – Declining or Terminating Representation An attorney who walks at a critical moment and leaves the client exposed can face State Bar discipline, up to suspension.
Liens and Fee Disputes
An attorney who worked on contingency, or believes they contributed to a future recovery, may assert a charging lien against any eventual settlement or judgment. A charging lien attaches to the proceeds. It isn’t a right to hold your files. A retaining lien, which would let an attorney hold files as security for unpaid fees, is heavily restricted in California given the file-return duty above. If a fee dispute escalates, the State Bar’s fee arbitration program can resolve it without separate litigation.
Dropping Your Attorney and Representing Yourself
MC-050 lets you substitute out your attorney and appear in propria persona.3California Courts. Substitution of Attorney – Civil (Without Court Order) CCP 285 contemplates this too, requiring notice to the other side of the party’s appearance in person.5California Legislative Information. California Code of Civil Procedure 285
California courts hold self-represented litigants to the same procedural rules as licensed attorneys. Not knowing the law is not an excuse for missed deadlines or defective papers.11California Courts. Representing Yourself The judge won’t coach you through hearings.
One boundary to know: if the party is a corporation or LLC, self-representation generally isn’t an option. Under California law, business entities must appear through a licensed attorney. The California Supreme Court set this rule in Merco Construction Engineers, Inc. v. Municipal Court (1978) and it remains in force.
A Note on Criminal Cases
CCP 284 applies to criminal cases too.7Justia Law. Mandell v. Superior Court Defendants with retained counsel use the consent process the same way. If you have a public defender, though, a request to change appointed counsel is treated as a Marsden motion (from People v. Marsden), which requires a closed hearing where you explain why current counsel is providing inadequate representation. The standard is higher than simply wanting a different attorney. The Sixth Amendment right to counsel adds a constitutional layer here, and courts are particularly cautious about substitutions that would force a continuance.
What Your New Attorney Should Handle Right Away
The incoming attorney’s work starts before the substitution is filed. First is a conflict check to confirm the representation won’t create an ethical conflict with other current or former clients. Then the new attorney should request the complete case file from the outgoing attorney immediately rather than waiting for the substitution to be formally processed. Waiting opens a window where deadlines slip.
Once the substitution is on file, the incoming attorney needs to walk the entire procedural history: what’s been filed, what discovery is outstanding, what motions are pending, and every scheduled hearing and trial date. Any stipulations the former attorney entered into remain binding unless the court modifies them, so the new attorney has to know exactly what commitments already exist before making new ones.