California’s MC-050 Form: Substitution of Attorney

Any time there’s a change in legal representation in a California civil suit, form MC-050 Substitution of Attorney–Civil must be filled out. This form lets the courts and all parties in the suit know that there is a change in representation. It also ensures the outgoing attorney is removed as attorney of record and the incoming attorney becomes the attorney of record.

While form MC-050 isn’t complicated to fill out, there are some important things to keep in mind to ensure you remain compliant.

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When to file a Substitution of Attorney in California?

An MC-050 Substitution of Attorney in California–Civil form is filed during civil cases when one party replaces their legal representation. This might be because

• The client has chosen to replace their attorney or represent themself
• An attorney is withdrawing from representation
• Additional attorneys are being added

Whatever the reason, the form must be filled out to ensure all parties know about the change and to facilitate a smooth transition between attorneys. Keeping this information up to date ensures the proper attorney receives communications from the court and from the other parties in the suit. Without this form, the attorney being replaced is still considered the attorney of record and required to act on the client’s behalf.

What are the reasons for filing an MC-050 form?

An MC-050 is filled out when the attorney representing a party in a civil suit is replaced by a new attorney. The form offers a few important benefits:

• It notifies the courts and parties involved that there has been a change in one party’s legal representation.
• It ensures there isn’t a gap in legal representation, which could affect how the case progresses.
• It provides a clear and official record of any change in representation.

There are many reasons a lawyer may be replaced on a case. A client may need someone with more expertise in a specific matter or they may have financial considerations that arise during the suit. The lawyer may discover a conflict of interest or have their own personal reasons (as outlined by the California Rules of Professional Conduct) preventing them from continuing to represent the client. An individual may want to start representing themself or may want legal representation after representing themself.

Whatever the reasons for a change in legal representation, MC-050 is required to ensure the court and all parties involved are aware of the change.

Who fills out an MC-050?

The incoming attorney can fill out much of form MC-050, such as:

• Client details (name, address, and contact information)
• Court details (court name, address)
• Case details (case name, case number, parties involved)
• Outgoing attorney/legal representative details (their name, address, and bar number if applicable)
• Incoming attorney details (your name, address, and bar number)

However, the form must be signed by the client, the outgoing attorney, and the new incoming attorney.

Once the form has been served to all necessary parties, a Proof of Service must also be completed to confirm the parties have been served with the form. This declaration is done by the person who served the documents–which cannot be the client–and includes:

• Their statement that they delivered MC-050 to all required parties
• The names and addresses of the people who were served
• The date and method of service
• Their signature

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Who needs to be served with substitution of attorney in California?

The Substitution of Attorney–Civil Form (MC-050) must be served to all parties in the case, including plaintiffs, defendants, and any intervening parties; the court; the outgoing attorney; and the incoming attorney. The form can be served through a personal service, mail service, or in some cases through electronic service if parties have consented to electronic service.

When must it be filed?

There are no statutory deadlines for filing MC-050, but it’s important to file the form in a timely manner–as soon as the decision to change attorneys is made. Filing form MC-050 quickly helps prevent confusion or delays in the civil suit. If there are upcoming deadlines, such as court dates or hearings, you want to file the form early enough that you have time to prepare, and the other parties have enough time to learn about the change.

Local rules or preferences regarding the filing of MC-050 may also apply, so it’s important to be aware of any rules specific to the court involved.

Can the other party object to the substitution?

Generally speaking, the other party can’t object to a substitution if the substitution complies with legal and procedural rules. If one party wants to substitute their representation, they have that right. However, if there is a conflict of interest created by the substitution, or if the substitution would cause unreasonable delays or affect the other party’s position, they may be able to object.

The court usually approves of the substitution, unless there is a legal or procedural reason not to. If there are objections or issues related to the filing of MC-050, the court may hold a hearing to address them.

When is the MC-050 form not required?

While MC-050 is usually required when an attorney in a civil suit is replaced, there are circumstances in which the form may not be needed.

• When an attorney is removed from a case by court order, the court order is often the formal notice of an attorney’s removal, so the form might not be needed.
• In a temporary substitution, such as if an attorney is only temporarily unavailable due to illness, vacation, or other matters. If there isn’t a permanent substitution, the form might not be needed.

While MC-050 can be used for a party to switch from having an attorney to represent themself, people who are conservators, trustees, guardians, or in other fiduciary positions cannot represent themselves in civil suits because they are acting on someone else’s behalf. They must have a lawyer representing them.

Completing the MC-050 form

To properly complete the MC-050 Substitution of Attorney form, the following information is required:

• Case information: The court name and address, case name, and case number.
• Party information: The name of the party who is changing legal representation.
• Current attorney information: The full name, office address, California State Bar number, and contact information of the attorney being replaced.
• New attorney information: The full name, office address, California State Bar number and contact information of the new attorney.
• Client information: Check whether the party making the substitution is a plaintiff, defendant, petitioner, respondent or other.
• Signatures: Signatures of the client, outgoing attorney and incoming attorney.
• Consent to substitution: The parties must check the box that they consent to the substitution.
• Proof of service: Evidence the form was served to all parties in the lawsuit, including the name and address of each person served.

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Can I use the MC-050 form to switch from one attorney to multiple attorneys?

Yes, if one attorney is being replaced with multiple attorneys, MC-050 Substitution of Attorney can be used. In addition to listing one incoming attorney on the sheet itself, you’ll need to attach an additional sheet listing all additional attorneys, including their

• Full name
• Law firm
• Address
• State Bar number
• Contact information

You’ll also need to get all their signatures on the form.

Are there any fees associated with submitting the form?

Typically, filing MC-050 itself doesn’t have any fees. However, there may be fees associated with

• Serving the form on all parties involved
• Filing any additional motions related to the form

Fees may vary based on jurisdiction.

What to do if you receive an MC-050 form

If you’re the lawyer replacing another attorney, it’s crucial to ensure all information on the form is accurate, including your contact details and California State Bar number. Sign and date the form to confirm you will be taking over the case. Next you must file the form and serve all parties with a copy of the form.

Make sure your replacement of the current attorney complies with court rules and procedures, including filling out any additional forms as needed.

Failure to file the forms in a timely manner can result in unnecessary delays in the case. The court can deny or delay approval of the substitution if there is reason to believe the timing is problematic or in some way prejudices the proceedings.

If the form isn’t filed, the court will not see you as the attorney of record for your client. If you are not on the record as the attorney, your actions in the case may be invalidated. You may also miss important communications because those will be sent to the previous attorney, who would remain as the attorney of record. That previous attorney would also be legally required to act on the client’s behalf in court.

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Final thoughts on MC-050

Form MC-050 Substitution of Attorney–Civil in California is a crucial step in changing legal representation in a civil case. To maintain the integrity of the legal process and ensure all parties are informed of the change, the form must be filled out completely and accurately. It must also be served to all parties in the suit and filed with the court. Doing so facilitates a smooth transition between attorneys and avoids potential complications.

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Disclaimer: This article is provided for informational purposes only. It does not constitute legal, business, or tax advice.