Service on Represented Party
Ridgeway Partners sues Raven Logistics. Raven retains counsel. The plaintiff serves the answer on Raven's attorney rather than on the company itself, satisfying the service rule for represented parties.
Also known as: represent · represents · represented · representing · representations · representor · representors · representee · representees · misrepresentation
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
The role of an attorney in acting for and advising a client in legal matters or proceedings. A party is represented when counsel has been retained or appointed and service or other obligations run to that counsel.
The role of an attorney in acting for and advising a client in legal matters or proceedings. A party is represented when counsel has been retained or appointed and service or other obligations run to that counsel.
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A statement or assertion of fact made to induce another party to act or rely. The assertion need not be false to qualify as a representation, though falsity may give rise to remedies.
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The mechanism by which states select electors to choose the President and Vice President under the constitutional allocation of electoral votes.
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A statement or assertion of fact made to induce another party to act or rely. The assertion need not be false to qualify as a representation, though falsity may give rise to remedies.
The mechanism by which states select electors to choose the President and Vice President under the constitutional allocation of electoral votes.
Each sense below has its own examples, sources, and questions.
Ridgeway Partners sues Raven Logistics. Raven retains counsel. The plaintiff serves the answer on Raven's attorney rather than on the company itself, satisfying the service rule for represented parties.
Roberto Reyes cannot afford an attorney after his initial appearance on felony charges. The court appoints counsel to represent him through trial and any appeal, preserving his right to representation at every stage.
A former environmental regulator possesses confidential government data about a chemical plant. The regulator later joins a firm that seeks to represent a competitor suing the plant. Screening is required because the information could disadvantage the plant.
Service must be made on the attorney whenever a party is represented by counsel unless the court orders otherwise. This rule prevents direct contact that could undermine the attorney-client relationship.
Supporting sources
A defendant unable to obtain counsel is entitled to appointed counsel at every stage from initial appearance through appeal unless the right is waived. The appointment ensures meaningful participation in the proceeding.
Supporting sources
The lawyer may not represent the private client if the confidential government information could be used to the material disadvantage of that person. Screening within the firm may permit the representation to continue under limited conditions.
Supporting sources
Ronald Reed tells buyer Rita Russell that the roof has no leaks. The statement is a representation of fact. When leaks appear weeks later, the buyer may pursue remedies because the assertion was not in accord with the facts.
Raphael Rivera tells a prospective buyer that a recorded easement burdens the parcel. The buyer purchases neighboring land in reliance and builds a driveway. The representation supports enforcement of the servitude against the seller's later denial.
Any assertion not in accord with the facts constitutes a representation. The statement need not be fraudulent. It simply must be an assertion of fact that may induce reliance.
Supporting sources
The legislature of a state directs that its six electoral votes be awarded to the candidate who wins the popular vote. The state thereby fulfills its constitutional duty to appoint electors who will cast ballots for President and Vice President.
…transfer" orders or their equivalents on the books of the Greyhound Corp. So far as the record shows, none of the certificates representing the seized property was physically present in Delaware. The stock was considered to be in Delaware, and so subject to seizure, by virtue of Del. Code Ann., Tit. 8, § 169 (1975), which makes…