Legal Question in Family Law in Missouri

Does my previous attorney have to state that he is not representing me anymore? My ex is stating that the response paperwork will be sent to my previous lawyer instead of my new one.


Asked on 6/02/11, 9:56 pm

2 Answers from Attorneys

Anthony Smith LawSmith

Within an active cae, aperty is required to send notices and responses to the attorney fo record for the other parties. If your "previous" attorney has not been granted leave to withdraw from the by the court, they may still be your attorney of record. If you have hired new counsel, they should be able to get this straightened out with the "previous" attorney. If the prior case is done, and you have a different attorney enter their appearance for you in the new action (for example a motion to modify) then the new attorney is your attorney of record. In that case, your ex (or theri attorney ) would be require dto send notices adn responses to the "new" attorney.

Good luck

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Answered on 6/03/11, 12:39 pm
Michael R. Nack Michael R. Nack, Attorney at Law

I disagree with the above response. When a party to a lawsuit changes attorneys during the legal proceedings, the two attorneys may both sign a "Substitution of Counsel" memorandum which is filed with the Court. A copy is provided to any and envery other lawyer representing anyone in the lawsuit. Or, upon the Entry of Appeance of a new attorney being filed, the first attorney may file a Motion to Withdraw, follow all of the applicable rules and obtain the Court's permission to withdraw fro the representation. A new attorney filing an Entry of Appearnace does not automatically remove a prior attorney from the case, or relieve the prior attorney from his or her ethical obligations towards the client.

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Answered on 6/03/11, 8:53 pm


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