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Attorney of Record Questions

An Attorney of record is a lawyer who appears in court or signs pleadings on behalf of a person who is involved in a lawsuit. The attorney will remain the official attorney until another attorney is found to take his/her place. In order for the attorney of record to withdraw, they must file a motion with the court to do so. When the attorney wants to withdraw, they are responsible for informing everyone who is involved with the case (court, opposing attorney, etc.). To learn more about this topic, take a look at the questions below that have been answered by Experts.

My wife was seriously injured in a car wreck. Her lawyer is not handling the lawsuit well. Can we fire the attorney and ask the judge to issue a stay on the trial so we have time to find a better lawyer?

Usually a judge won't allow a stay on a trial. However, you can request a motion for a continuance by contacting the court in writing. This would allow you a little more time to find an appropriate replacement for your attorney of record. In the event your attorney wants to withdraw as your attorney, he/she will have to make a request through the court by filing a motion. If the court allows the attorney to withdraw from the case, the court should allow you time to find a new attorney. Regardless of what happens, the judge may want a hearing in his/her chambers to find out what is going on between you and your attorney. You can request a stay at that time to allow you time to find new counsel.

My son's attorney of record could not appear before the judge on his case. The judge asked an unknown lawyer to stand in and move the case along. My son is now in jail. His attorney of record will not respond to my son's letter or my attempt to contact him. By submitting a writ of habeas corpus could he be released?

In a situation like this, your first step would be to file an appeal of your son's sentence due to the attorney's ineffectiveness and denial of proper counsel. When you file for the appeal, you can also file for the writ of habeas corpus asking that your son be released based on his incarceration without authority. If you cannot afford an appeal attorney, you can see if the public defender's office could file the appeal for your son.

My attorney filed a substitution of counsel and entry of appearance in April 2011. He filed another entry of appearance 8/28/2011. The only activity on the docket, showing him as my attorney during the 7/1 pretrial that didn't go well. Was my attorney legally representing me when he filed in April?

Based on the information given, your attorney would have become the attorney of record the day the judge signed off on the substitution of counsel and entry of appearance. There really isn't a clear understanding of why the attorney would file a second entry of appearance. It is possible that the first entry of appearance was misplaced and the court requested the attorney file another. Another possibility is that the second entry of appearance was a simple clerical error by the attorney's office. Regardless of why it happened, when the original paperwork was signed by the court and your former attorney, your new attorney became the attorney of record. It appears that your attorney would have been legally representing you on 7/1/2011.

What do I do when my attorney of record refuses to respond to my questions by email?

Your first step would be to contact the attorney and demand a meeting concerning your case and the failure of communication between you and him/her. You may want to consider finding a new attorney to assist you with your case. Your attorney is in violation of his/her duties as an attorney and could be liable for malpractice if you are harmed in some way due to his ineffectiveness.

An attorney of record plays an important role in the judicial system. They make court appearances and sign court documents on behalf of people who are involved in a lawsuit. An attorney of record represents a person until another replacement attorney can be found. If you have questions or doubts regarding an attorney of record, you should consult an Expert who can clarify your doubts.

Ask a Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8690
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
Type Your Legal Question Here...
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11 Lawyers are Online Now

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Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 8692
JD, BBA Over 25 years legal and business experience.
Ely
Counselor at Law
Satisfied Customers: 20716
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
FiveStarLaw
Attorney
Satisfied Customers: 8236
25 years of experience helping people like you.

Recent Attorney of Record Questions

  • I have been paying my lawyer a retainer fee two

    I have been paying my lawyer a retainer fee for nearly two years on a timely basis now that i am in appeal i am having trouble paying his monthly fee i have offered to pay less .I have lost my job.What can he do,drop the appeal.
    JM
  • or other if unavailable... I plan to file a civil

    For Gerald or other if unavailable...
    I plan to file a civil rights complaint in the federal district court of Colorado soon.
    In the guide for pro se filing for the district court of Colorado... http://www.cod.uscourts.gov/Portals/0/Documents/Forms/CivilForms/Filing_a_Civil_Suit_Package.pdf ...it is written that only the original complaint need be filed with the clerk, no copies. Of course the summons must be original and copy for signing and sealing. I was wondering if when I go...would I need only to bring the original complaint with me, or...should I bring also a copy of the complaint (actually I'm having a process server do this for me, as I am out of state)
    I called the clerk again today and she said that all that they needed was the original complaint, but, if I wanted to bring in a copy I could. What would the advantage be of bringing in a copy of the complaint? Is it required that the copy of the complaint which I serve on the other parties be signed and sealed like the summonses are? I don't read that anywhere in the rules though. All it says is that for service, the summonses must be signed and sealed by the clerk...
  • Hello. I am currently married but have filed for divorce in

    Hello. I am currently married but have filed for divorce in the state of Texas. Below is a decree which per the Texas attorney who is handling the case will have the divorce be final March 5, 2015.
    Now, I have a fiance in the country of Philippines. I wish to complete USCIS I-129F so that my fiance can come to the USA for us to be married AFTER March 5. The question is should I not send the USCIS I-129F to the proper offices until after March 5, or can I send it earlier? The fiance would have interview[s] in the Philippines but would have the decree as evidence of impeding divorce.
    Thank you.
    ***** *****
    NO. DF-14-15349
    IN THE MATTER OF § IN THE DISTRICT COURT
    THE MARRIAGE OF §
    §
    ***** ***** § 255TH JUDICIAL DISTRICT
    AND §
    LORI ***** ***** § DALLAS COUNTY, TEXAS
    FINAL DECREE OF DIVORCE
    On the date below the Court heard this case.
    Appearances
    Petitioner, ***** *****, appeared in person and through attorney of record, Chris Schmiedeke, and announced ready for trial.
    Respondent, Lori ***** *****, although duly and properly cited, did not appear and wholly made default.
    Record
    The record of testimony was duly reported by the court reporter for the 256th Judicial District Court.
    Jurisdiction and Domicile
    The Court finds that the pleadings of Respondent are in due form and contain all the allegations, information, and prerequisites required by law. The Court, after receiving evidence, finds that it has jurisdiction of this case and of all the parties and that at least sixty days have elapsed since the date the suit was filed.
    The Court further finds that, at the time this suit was filed, Petitioner was domiciled in another state or nation and Respondent had been a domiciliary of Texas for the preceding six-month period and was a resident of this county in which the suit was filed. All persons entitled to citation were properly cited.
    Jury
    A jury was waived, and questions of fact and of law were submitted to the Court.
    Divorce
    IT IS ORDERED AND DECREED that ***** *****, Petitioner, and Lori ***** *****, Respondent, are divorced and that the marriage between them is dissolved on the ground of insupportability.
    Child of the Marriage
    The Court finds that there is no child of the marriage of Petitioner and Respondent and that none is expected.
    Division of Marital Estate
    The Court finds that no community property other than personal effects has been accumulated by the parties.
    IT IS ORDERED AND DECREED that the personal effects of the parties are awarded to the party having possession.
    Division of Debt
    Debts to Husband
    IT IS ORDERED AND DECREED that the husband, ***** *****, shall pay, as a part of the division of the estate of the parties, and shall indemnify and hold the wife and her property harmless from any failure to so discharge, these items:
    H-1. All debts, charges, liabilities, and other obligations incurred solely by the husband from and after March 9, 2012 unless express provision is made in this decree to the contrary.
    Debts to Wife
    IT IS ORDERED AND DECREED that the wife, Lori ***** *****, shall pay, as a part of the division of the estate of the parties, and shall indemnify and hold the husband and his property harmless from any failure to so discharge, these items:
    W-1. All debts, charges, liabilities, and other obligations incurred solely by the wife from and after March 9, 2012 unless express provision is made in this decree to the contrary.
    Clarifying Orders
    Without affecting the finality of this Final Decree of Divorce, this Court expressly reserves the right to make orders necessary to clarify and enforce this decree.
    Relief Not Granted
    IT IS ORDERED AND DECREED that all relief requested in this case and not expressly granted is denied. This is a final judgment, for which let execution and all writs and processes necessary to enforce this judgment issue. This judgment finally disposes of all claims and all parties and is appealable.
    Date of Judgment
    SIGNED on .
    JUDGE PRESIDING
    APPROVED AS TO FORM ONLY:
    Chris Schmiedeke
    Law Office of Chris Schmiedeke, PC
    9330 LBJ Freeway, Suite 900
    Dallas, Texas 75243
    ***-***-**** T
    ***-***-**** F
    By:
    Chris Schmiedeke
    Attorney for Petitioner
    State Bar No. 00786232
    *****@******.***
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