Also known as: attorneys of record · attorney-of-record · counsel of record · attorney on record
Written by attorneys · grounded in primary & secondary sources — see below
The attorney whose name appears in the official court records as representing a party in a legal proceeding. The designation imposes responsibility for signing pleadings, motions, and discovery papers and for arranging conferences required by procedural rules.
Amber Alonzo sued Azure Solutions in federal court for breach of contract. Azure's counsel filed an opposition listing only the firm name with no individual signature or contact information. The court struck the opposition because no attorney of record had signed it.
Adam Anderson sued Aether Technologies for patent infringement. The attorneys of record for both sides met to discuss initial disclosures and a discovery plan. They jointly prepared and filed the required report within fourteen days after the conference.
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Alexis Archer served requests for production on Argonaut Shipping. Argonaut's attorney of record signed the responses after reviewing the files and certified that the answers were complete and consistent with the rules.
Andre Antoine represented a defendant in a high-profile criminal trial. As the attorney of record, he made statements to the press about the case that later became the subject of a disciplinary proceeding.
Anika Anand worked for a legal services organization representing an indigent client. The attorney of record could not present certain statutory arguments because of funding restrictions that limited the scope of representation.
Adrian Aguilar hired an attorney to prepare a will benefiting specific relatives. After the testator's death the intended beneficiaries sued the attorney of record for negligent drafting that invalidated key provisions.
The court must strike the unsigned paper unless the omission is promptly corrected after notice to counsel or the party. A firm name alone does not satisfy the requirement that an individual attorney of record sign and provide contact information.
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Every disclosure and every discovery request, response, or objection must be signed by at least one attorney of record. The signature certifies that a reasonable inquiry supports the position taken.
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The attorneys of record and unrepresented parties are jointly responsible for arranging the conference, attempting in good faith to agree on a discovery plan, and submitting a written report to the court within fourteen days.
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The attorney remains counsel of record until the court permits withdrawal. Discharge triggers a duty to withdraw, but court approval may be required to protect the client's interests near trial.
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…of material prejudice is not necessarily flawed. Interpreted in a proper and narrow manner, for instance, to prevent an attorney of record from releasing information of grave prejudice on the eve of jury selection, the phrase substantial likelihood of material prejudice might punish only speech that creates a danger of…