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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: 8603
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
Type Your Legal Question Here...
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8 Lawyers are Online Now

How JustAnswer Works:

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    Ask follow up questions if you need to.
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    Rate the answer you receive.

Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 8436
JD, BBA Over 25 years legal and business experience.
Ely
Counselor at Law
Satisfied Customers: 19941
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
FiveStarLaw
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Satisfied Customers: 8189
25 years of experience helping people like you.

Recent Attorney of Record Questions

  • For Gerald, or other if unavailable... In a federal lawsuit,

    For Gerald, or other if unavailable...
    In a federal lawsuit, along with my complaint, I am supposed to fill out a summons for each defendant, which must include their Defendant's address. What if the Defendant's address which I write in the summons turns out to be not the address where the Defendant ends up being served at (say, they have moved; or, no longer work at that place of business). Is it a big deal if the address listed on the summons upon filing of complaint is not the same as the address of where the Defendant ends up being served, due to mistake, or changed circumstances, or whatever? this is in federal court. Also one of my Defendants may be located only at his phone number, and whereupon service might be arranged, no permanent address.
  • 1985 service of process

    "For Gerald, esq"... Hi. This question is follow-up to my question from October 13, in which I asked in regards ***** ***** process inside a federal section 1985 civil rights conspiracy claim.

    I mentioned that as party to the 1985 conspiracy claim I have listed a defendant county judge and 7 DA investigators.

    You answered that these individuals would need to be served both in their individual and official capacities...meaning, that they would need to be served as individuals, as well the state agency by whom they are employed would need to be served a copy.

    I have a couple of follow-up questions about all this. First, there are 7 DA investigators. Serving them individually will require, of course, 7 summonses: one for each of them; however in regards ***** ***** I will only need also to serve the DA's office WITH A SINGLE COPY of the complaint, and a SINGLE SUMMONS, correct?...or would I need to serve 7 copies of the complaint and summons for each investigator, on the DA? Refer to federal rule 4(j)(2)(A)

    Also, having the judge as part of the conspiracy makes things a bit complicated, doesn't it? Basically this is to suggest that the judicial district (through its agent, the judge) is in conspiracy with the DA's office??? Okay...so I list in my complaint the judge as a party in both his official and individual capacities; and then I serve the judge as an individual, and provide a copy for the judicial district, his employer. I list the judge as a party in my complaint, but do I list also the judicial district/ district court as a separate party???

  • I was the counter defendant in a lawsuit. The case got

    I was the counter defendant in a lawsuit. The case got dismissed because I am a corporation and my attorney did some strange stuff and withdrew without contacting me. The judge allowed him to withdraw without my consent and ordered me to find another attorney within 30 days. The court sent the notice to the wrong address and the time expired without me knowing. I was informed by the AZ bar who had my files. The counter plaintiff is seeking a default judgement. I'm appealing the judges ruling. Question: 1. What is the Arizona or federal law that requires a court to send a judges order to the parties in the case. 2. What is the law that requires an attorney to engage a client in the case, make sure the client is aware of and approves what's going on... 3. What law allows an attorney of record to Disavowal of Substitution of Counsel without the client being involved or able to be heard at the hearing Find legal case files supporting the law. Optional Information:


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