The attorney in any action or proceeding may be changed at any time before judgment or after final determination, as follows:

1. A. upon his own consent filed with the clerk or entered upon the minutes;
2. B. upon the order of the court or the judge thereof, upon application of the client after notice to the attorney. And when such change is made as provided in this section written notice of the change and of the substitution of a new attorney must be given to the adverse party; until such notice he must recognize the former attorney.

History: Laws 1909, ch. 53, § 32; Code 1915, § 359; C.S. 1929, § 9-133; 1941 Comp., § 18-113; 1953 Comp., § 18-1-13.

ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Compiler's notes. — This section, with changes, has been incorporated in the Rules of Civil Procedure for the District Courts. See Rule 1-089.

Cross references. — For withdrawal or substitution of attorneys in civil or criminal appellate proceedings, see Rule 12-302.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 7 Am. Jur. 2d Attorneys at Law § 148.

Rights and remedies of client as regards papers and documents on which attorney has retaining lien, 3 A.L.R.2d 148.

Duties, rights, and remedies between attorney and client where attorney purchases property of client at or through tax, execution, or judicial sale, 20 A.L.R.2d 1280.

Liability in tort for interference with attorney-client relationship, 90 A.L.R.4th 621.

7A C.J.S. Attorney and Client §§ 227 to 233.