Changing Lawyers

Notice of Withdrawal of Counsel or Licensed Paralegal Practitioner

If the lawyer or licensed paralegal practitioner (LPP) who was representing you no longer does, they are supposed to file a Notice of Withdrawal of Counsel or Licensed Paralegal Practitioner with the court. This notice tells the court and the other party that the lawyer or LPP no longer represents you. If the lawyer or LPP does not file the notice, the court and other parties will assume that they still represent you and will send pleadings and other papers to the lawyer or LPP instead of to you.

If the lawyer or LPP does not file a Notice of Withdrawal of Counsel or Licensed Paralegal Practitioner ask them to do so. See the Forms section for form.

Notice to Appear Personally or to Appoint Counsel or Licensed Paralegal Practitioner

If the lawyer or LPP for the other party has withdrawn from the case, you must file and serve on that party a Notice to Appear Personally or to Appoint Counsel or Licensed Paralegal Practitioner. This notice tells the other party that there will be no action in the case for at least 21 days. After 21 days, you and the court can assume that the party is representing themselves. See the Forms section for form.

Notice of Appearance

If your lawyer or LPP withdraws from the case, you must decide whether to hire someone else or represent yourself. After you decide, file a Notice of Appearance. This notice tells the court and the other party that you will represent yourself or that you have hired a new lawyer or LPP. Pleadings and other documents will then be sent to the right person. See the Forms section for the form.

If your lawyer or LPP withdraws from the case, the other party is supposed to serve you with Notice to Appear Personally or to Appoint Counsel or Licensed Paralegal Practitioner, but they might not. If you are served, there will be no activity in the case for at least 21 days. This allows you time to hire another lawyer ot LPP. Even if the other party does not serve a Notice to Appear Personally or to Appoint Counsel, you should file a Notice of Appearance.

Substitution of Counsel or Licensed Paralegal Practitioner

If you hire a different lawyer or licensed paralegal practitioners, file a Substitution of Counsel or Licensed Paralegal Practitioner form with the court so everyone knows that you've hired a new lawyer or licensed paralegal practitioner. See the Forms section for the form.

What are my rights when I change lawyers? 

When your lawyer or LPP stops representing you they are required to:

• give reasonable notice to you that they are no longer representing you
• give you time to search for someone else to represent you
• give you, when you ask for it, papers related to your case, including
  • pleadings
  • motions
  • discovery
  • legal memoranda
  • correspondence (letters and emails) related to your case
  • depositions
  • expert opinions
  • business records
  • exhibits or potential evidence to be used in your case, and
  • witness statements

The lawyer is not required to give you their research notes, legal theories, internal memos and unfiled pleadings. 

Utah Rule of Professional Conduct 1.16.

Forms

The forms you need depend on your case. What is your case about?