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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.
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