How Long Before a Terminated Attorney Is Substituted Out of Her Cases in California?
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
A lawyer has been terminated from an employment firm. How long before she is substituted on her cases?
Attorney Answer
California law does not set a fixed number of days for substituting counsel after an attorney leaves a firm. It happens when the necessary paperwork is filed, and until then the firm, not the departing attorney, generally remains responsible for the client's cases.
When an attorney employed by a law firm is terminated, the firm keeps its existing engagement with the client unless the client decides otherwise. Clients in California have the right to choose their own lawyer, including the right to stay with the firm, follow the departing attorney to her new practice, or hire someone else entirely. That choice belongs to the client, not the firm or the attorney.
To formally change who represents a client in a pending case, California Code of Civil Procedure § 284 requires either a signed consent from the client and both attorneys filed with the court, or a court order granted after a noticed request. Until one of those happens, the attorney of record on file with the court stays the attorney of record, even if she no longer works at the firm day to day.
Under the California Rules of Professional Conduct, particularly Rule 1.16, both the firm and the departing attorney have ongoing duties when representation ends or changes, including protecting the client's interests, avoiding unnecessary delay or prejudice to pending matters, and promptly returning the client's file and any unearned fees on request.
What to check next
1. Ask the firm, or if you are the client, your attorney, whether a Substitution of Attorney (Judicial Council form MC-050) has been prepared or filed for each affected case. 2. Confirm who is calendared as attorney of record on any upcoming deadlines or hearings so nothing is missed during the transition. 3. If you are the departing attorney, request written confirmation from the firm about which clients you may contact regarding their choice of counsel, since firm policies and any employment agreement can affect this. 4. If a client's case has a hearing or deadline coming up soon, treat that as the priority for getting a substitution filed.
This is general legal information based on common California procedure, not legal advice about your specific situation. A California attorney experienced in law firm transitions or legal ethics can review the details of the employment relationship and pending cases and advise on next steps.
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Frequently Asked Questions
Does a client have to stay with the law firm after their attorney is terminated?
No. In California, clients have the right to choose who represents them, including staying with the firm, following the attorney who left, or hiring someone new. The firm cannot make that choice for the client.
What is a Substitution of Attorney in California?
It is the court paperwork, often Judicial Council form MC-050, used to formally change which lawyer or firm is listed as attorney of record in a case. Until it is signed and filed, the original attorney of record remains responsible on paper even if the working relationship has changed.
Can a terminated attorney be held responsible for missed deadlines during the transition?
Possibly, if she was still attorney of record when a deadline passed. This is one reason it matters to confirm quickly who is actually responsible for each pending case and to get substitutions filed before hearings or deadlines arrive.
