Definition
An attorney of record is a lawyer who has been formally entered into the official court docket as the legal representative of a party in a particular case. By filing a notice of appearance (or similar document) with the court, the attorney becomes the designated point of contact for service of process, pleadings, and other procedural communications pertaining to that matter.
Overview
The designation of attorney of record is a procedural requirement in most common‑law jurisdictions, including the United States, Canada, the United Kingdom, and Australia. Once an attorney files the appropriate appearance document, the court’s records reflect the attorney’s name, bar number, and contact information. This status confers several responsibilities:
- Receiving all official notices, motions, and orders directed to the represented party.
- Ensuring that filings comply with applicable rules of civil or criminal procedure.
- Maintaining communication with the client regarding case developments.
- Appearing in court on behalf of the client, unless otherwise waived.
If an attorney wishes to withdraw, or if the client wishes to replace counsel, a formal motion or notice must be filed to update the court record. Failure to maintain an attorney of record when required can result in missed deadlines, default judgments, or sanctions.
Etymology/Origin
Attorney derives from the Old French atorné (later avocat), meaning “one appointed to act for another,” which in turn traces to the Latin attornare (“to turn over”).
Record comes from the Latin recordari (“to call to mind”), passing through Old French recorde and Middle English record, denoting a written account kept for future reference.
The compound phrase “attorney of record” emerged in the United States in the early 19th century as court systems increasingly required formal documentation of legal representation.
Characteristics
| Characteristic | Description |
|---|---|
| Admission to Bar | Must be a duly licensed attorney in the jurisdiction where the case is pending. |
| Notice of Appearance | Files a written notice (often called a “appearance” or “entry of appearance”) with the clerk of court. |
| Official Contact | Serves as the primary address for service of process and all court correspondence. |
| Responsibility for Diligence | Must act with reasonable speed and competence in advancing the client’s interests. |
| Maintain Continuous Representation | Remains the attorney of record until withdrawal, substitution, or termination of the case, subject to court approval. |
| Ethical Obligations | Subject to the same professional conduct rules that govern all practicing lawyers. |
Related Topics
- Counsel of Record – synonymously used in many jurisdictions.
- Power of Attorney – a broader legal instrument authorizing an individual to act on another’s behalf, not limited to litigation.
- Pro Hac Vice Admission – permits an out‑of‑state lawyer to appear as counsel of record for a specific case.
- Substitution of Attorney – the procedural mechanism for replacing an attorney of record.
- Service of Process – the delivery of legal documents to the attorney of record when the represented party is a corporation or organization.
This entry reflects information documented in legal procedural guides, court rules, and standard jurisprudential references.