I have acted as replacement trial counsel in several cases and have handled trial work after substituting in with less than a month before trial.
In cases where I have been retained to replace current counsel to handle litigation or a trial, substitution can happen immediately and causes no delay in the litigation process aside from the time necessary for me to get up to speed. This is because the Colorado Rules of Civil Procedure allow substitution of counsel and withdrawal of former counsel without leave of court (without waiting for a judge’s approval) through filing a single pleading with the court.
Substitution or replacement of counsel is governed in Colorado under C.R.C.P. 121 Section 1-1(2)(a), which provides in pertinent part:
An attorney may withdraw from a case, without leave of court where the withdrawing attorney . . . files a substitution of counsel, signed by both the withdrawing and replacement attorney, containing the information required for an Entry of Appearance…
Replacement of counsel is a fairly common occurrence, and most attorneys deal with the matter professionally and allow for an orderly transfer of the file and materials so as not to jeopardize the interests of the client in ongoing litigation. If you want to retain me as replacement counsel, my office can prepare a single form that will be filed with the court with my signature, and my office will obtain the signature of your (former) attorney.
If you have any questions regarding substitution of counsel or would like discuss hiring me to as replacement counsel for your current case, please feel free to contact me.
Here is a sample of a Notice of Substitution of Counsel I filed in a recent case: