Brandon Burke When a case moves to a different attorney inside your firm, two audiences need to know. The court and the other parties need a notice of change of handling attorney, so filings and service reach the right person. Your client needs to hear about the change from you, in plain words, before they find out some other way.
Most firms handle the first audience well because there is paperwork for it. The second often gets a quick email, or nothing at all. The client message is where a handoff keeps or loses trust. A client who learns about a new attorney from a court document starts to wonder what else they weren’t told.
The short version: tell the client first, then file the notice your court requires. If the lawyer is leaving the firm, the client also gets to choose who handles the case from here.
What a notice of change of handling attorney does
A notice of change of handling attorney tells the court and the other parties that a different lawyer at the same firm now handles the case. The firm stays counsel of record. What changes is the name on the service list and the person who receives notices and filings.
A substitution of attorney is different. It changes who represents the client, either from one firm to another or from a lawyer to the client representing themselves. In California, Code of Civil Procedure section 284 allows a change of attorney in two ways. One is the consent of both client and attorney, filed with the clerk. The other is a court order. Judicial Council form MC-050 (Substitution of Attorney, Civil, Without Court Order) is the form for the consent route. Our guide to the substitution of attorney form in California walks through it step by step.
| Notice of change of handling attorney | Substitution of attorney | |
|---|---|---|
| What changes | The lawyer handling the case, within the same firm | The firm or lawyer representing the client |
| Counsel of record afterward | The same firm | A new firm, a new lawyer, or the client in person |
| Typical California paperwork | A local court form where one exists, or a notice on pleading paper | Judicial Council form MC-050 |
| Where the procedure comes from | Your court’s local rules and practice | CCP 284, plus written notice to the adverse party under CCP 285 |
| Does the filing tell the client? | Not by itself. The firm has to. | The client consents, or the court orders it after notice |
Some courts publish their own form for within-firm changes. Sacramento County Superior Court, for example, has an optional local form, CV/E-204, “Notice of Change of Handling Attorney Within-Firm.” Filed by the new attorney, it asks the court to remove the prior attorney from the service list for that case. It directs future notices, pleadings, discovery, and writings to the new attorney, and it includes a proof of service on the case participants.
Where no local form exists, firms generally file a notice on pleading paper. Other states have their own procedures. This is general information, not legal advice. Check your court’s local rules before you file.
When your client needs to hear about the change
The court paperwork depends on local practice. The client conversation depends on why the attorney is changing.
The attorney is staying at the firm
Sometimes a case moves because of workload, a promotion, or a better fit with another attorney’s practice. The original lawyer stays at the firm.
ABA Model Rule 1.4(a)(3) requires a lawyer to keep the client reasonably informed about the status of the matter. Who is handling the case is part of that status for most clients. The rule doesn’t set a deadline or a script for this situation. Still, telling the client promptly, ideally before the change takes effect, is what “reasonably informed” points to. It is also plain good practice.
The attorney is leaving the firm
When the departing lawyer is the one responsible for a client’s matter, the ethics guidance is more direct. ABA Formal Opinion 99-414 treats that departure as information that may affect the status of the client’s matter under Rule 1.4. It says the departing lawyer and the responsible lawyers who remain at the firm must make sure those clients are informed. The opinion grounds this in the client’s right to choose their lawyer.
[I]nforming the client of the lawyer’s departure in a timely manner is critical to allowing the client to decide who will represent him.
ABA Formal Opinion 99-414
ABA Formal Opinion 489 builds on that. Clients are not property of the firm or the departing lawyer, and the client chooses counsel. The opinion favors a joint notice from the firm and the departing lawyer where possible. It also says firm notice periods can’t be used to block a client’s choice or to punish a lawyer for leaving.
For your message, that means one thing. When the lawyer is leaving, the client isn’t just being told about a new attorney. The client is being asked to choose.
A handoff checklist for changing the handling attorney
Use this sequence whenever a case changes hands. The order matters, because the client should hear from you before any court filing reaches them.
If the lawyer is leaving the firm, tell the client first and wait for their choice before you reassign the case or file anything. Opinion 489 says firms should not put a new lawyer on a departing lawyer’s matter before the departure without the client’s direction. The exception is exigent circumstances, such as an imminent deadline.
- Decide who tells the client, and when. Usually the outgoing attorney, the new attorney, or a supervising attorney makes the first contact. If the lawyer is leaving the firm, coordinate a joint notice where you can.
- Have the new attorney review the file first. The client’s first conversation with the new attorney should not start with “remind me where we are.”
- Move deadlines and calendar entries. Confirm every court date, discovery deadline, and statute-related date is on the new attorney’s calendar.
- Update the assignment in your case management system. Change the responsible attorney on the matter so tasks, reminders, and reports follow the case.
- Introduce the new attorney to the client. Give the new attorney’s name, direct phone, and email.
- File the court notice and update service. Use the local form if your court has one. Serve the other parties and confirm the service list is correct.
- Confirm the client got the message. A reply or a returned call is better than assuming.
- Note the change in the file. Record when the client was told, by whom, and what they said.
If the case manager stays the same, say so to the client. In many firms the client talks to the case manager far more than the attorney. Our piece on the case manager’s role at a law firm covers why that continuity matters.
What to tell the client
A good handoff message answers the questions the client will have before they have to ask. Cover these five points:
- What changed. Name the new attorney and the date the change takes effect.
- How to reach them. Give direct contact details, not just the main line.
- What stays the same. The case, the fee agreement with the firm, and the day-to-day contact, if those hold.
- What happens next. Say when the new attorney will reach out and when the client will hear the next update.
- Where to send questions. Invite them, and name who answers.
Expect two questions in particular. The first is “Is something wrong with my case?” A short, honest reason for the change helps here, if you can share one. The second is “Does this change what I owe?” For a within-firm change, the answer is usually no, and saying so up front prevents a worried call.
Sample message: the attorney is staying at the firm
Hi [Client first name], I’m writing to let you know about a change on your case. Starting [date], [New attorney name] will be the attorney handling your case. [Short reason, if you can share one.] [Previous attorney name] has walked [New attorney name] through your file.
Nothing else about your case changes. Your fee agreement with our firm stays the same, and [Case manager name] is still your day-to-day contact.
[New attorney name] will call you by [date] to introduce themselves and go over next steps. You can reach them directly at [phone] or [email]. If you have questions before then, reply to this message or call [Case manager name] at [phone].
Sample message: the attorney is leaving the firm
Hi [Client first name], [Attorney name] is leaving our firm on [date]. You get to decide who handles your case from here.
You can stay with our firm, where [New attorney name] would take over your case. You can move your case with [Attorney name] to their new practice. You can also choose a different lawyer.
Please reply to this message or call [Contact name] at [phone] to let us know your choice. In the meantime, your case is still being handled and we are keeping track of every deadline.
Keep the choice neutral. Don’t bury the option to follow the departing lawyer, and don’t pressure a fast answer. Your engagement letter can also say up front that staffing may change and how the firm will tell the client. For broader guidance on tone and timing, see our client communication best practices.
Where CasePulse fits
A handoff is when clients are most likely to stop hearing from the firm. The outgoing attorney is busy, the new attorney is catching up, and the client starts calling. We built CasePulse to keep updates going through that gap.
CasePulse is our client portal, and it works on top of the case management system you already use. That includes Neos, Needles, LawBase, Litify, and Salesforce.
Automatic alerts go out when a case moves in your CMS, so the client keeps hearing about progress while the new attorney gets up to speed. Your team sends the handoff message from inside the CMS, and the client gets it by text or email, whichever they chose. Everything appears under your firm’s branding. We can’t file the court notice, and we don’t decide who handles a case. Your team still writes the introduction. What we do is make sure it reaches the client, and that updates keep coming after it. See the full feature list for details.
Want case handoffs that don’t leave clients guessing? Get started to see how CasePulse works with your case management system.