Attorney of record

An attorney of record is a lawyer or barrister who has appeared in court or signed pleadings. [Law.com dictionary: [http://dictionary.law.com/default2.asp?selected=2470&bold=||||] ] The attorney of record in American or British courts remains the official lawyer, until some other attorney replaces him or her. [See note 1, above.] This attorney "has made an appearance on behalf of a party to a lawsuit" [Ballentine's Law Dictionary, p. 39]

Under the law of California and most other of the United States, an attorney must fill out a Consent to change form, [See, e.g., a California Court system form: [http://www.courtinfo.ca.gov/forms/fillable/fl960.pdf] , and a New York case, People v. Mack, 2007 NY Slip Op 02824 (3d Dep't 2007): [http://courts.state.ny.us/reporter/3dseries/2007/2007_02824.htm] ] or file a motion to the court to be withdrawn. Attorneys of record can not absolve themselves of their responsibilities to their clients by sending a per diem attorney in their place. [George Constant, Inc. v. Berman, Index No. 604507/01 (N.Y. Sup. Ct., N.Y. Cty. 2003), found at: [http://www.courts.state.ny.us/comdiv/Law%20Report%20Files/January%202004/Constant.htm] ] A judge has restrictions on when he or she may appear in court for clients. [See, for example, [http://www.nycourts.gov/ip/judicialethics/opinions/96-91.htm] ]

An attorney of record must inform the court, all parties (if pro se), and all other attorneys on the case, when the attorney of record withdraws or makes a motion to do so. Specifically, the New York rule states that:"An attorney of record may withdraw or be changed by order of the court in which the action is pending, upon motion on such notice to the client of the withdrawing attorney, to the attorneys of all other parties in the action or, if a party appears without an attorney, to the party, and to any other person, as the court may direct." [N.Y. Civil Practice Law and Rules (CPLR) 321(b)(2)] [For examples of attorenys being allowed to withdraw ("leave of court"): see Benefield v City of New York, 2006 NYSlipOp 26482 (Sup.Ct., Bronx Cty. 2006); Messinger v The Mount Sinai Medical Center, N.Y. docket M-1214 (1st Dep't 2003).] They must also quickly inform the court of any change of email address immediately. [See, 22 NYCRR Part 206, §202.5-b (2007), N.Y. Court of Claims rule, found at: [http://www.nyscourtofclaims.state.ny.us/rules/206_5aa.shtml] ] An attorney of record must not "abandon" their client. [See, e.g., Matter of Markuson, 2007 NY Slip Op 50128(U) (Surrogate's Ct., Dutchess Cty. 2007, by Pagones, J.)]

Attorneys of record have some special privileges in court. They are on a short list of persons, including the litigants, who may request certified copies of sealed divorce decrees. [See Kings County, New York (Borough of Brooklyn, New York) Clerk web page: [http://www.nycourts.gov/courts/2jd/kingsclerk/copies.shtml] ] They have special forms in Surrogate's Court. [N.Y. Ancillary administration form, referencing "attorney of record": [http://www.nycourts.gov/courts/6jd/delaware/surrogate/checklists/ancillaryadm.htm] ]

ee also

* Contract attorney
* In open court

References