Legal Question in Civil Litigation in New York

consent to change attorney New York State

Who must sign a Consent To Change Attorney form? If the retiring attorney works for a law firm, can anyone in the firm sign it or does it have to be signed specifically by the retiring attorney? (see CPLR �321(b)....it really doesn't say)

New York State


Asked on 5/12/03, 3:05 pm

1 Answer from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: consent to change attorney New York State

This is an easy question - the retiring attorney only rarely has the right to withhold his consent to leave the case. The form's purpose is to inform the attorney that he is no longer your representative and that he must return/forward documents to you and your new representative. Any representative of the withdrawing attorney may sign the form. A law firm is a partnership and any member of a partnership may act for any other member. This is not a question for you to be anxious about. Your new attorney has a responsibility to handle this matter for you. I make this offer to every person for whom I answer a question on lawguru, that is why I am making it to you, despite the fact that you have a new atorney already, also. - you are welcome to a consultation for no cost at my office at 42 west 44th st, ny,ny. please call for an appointment first - 646-591-5786

Read more
Answered on 5/12/03, 6:44 pm


Related Questions & Answers

More General Civil Litigation questions and answers in New York