Attorney of Record
Definition
The attorney of record is the lawyer officially designated to represent a party in a legal proceeding. Once an attorney files an appearance in court, they become the attorney of record and receive all court notices, filings, and communications on behalf of their client. The attorney of record has the authority to act on the client’s behalf in all matters related to the litigation until they formally withdraw or are replaced.
How It’s Used in Personal Injury Cases
When your personal injury attorney files a lawsuit on your behalf, they become your attorney of record. All court communications, scheduling orders, and documents from opposing counsel must be directed to your attorney of record. Insurance companies and defense lawyers are prohibited from contacting you directly once you have legal representation—all communications must go through your attorney of record. If you wish to change lawyers, a formal substitution of attorney must be filed with the court.
Practical Example
After filing his personal injury lawsuit, Kevin received a phone call from the defendant’s insurance adjuster trying to discuss settlement directly. Kevin’s attorney sent a cease-and-desist letter explaining that as attorney of record, all communications must go through her office. The insurance company was required to stop contacting Kevin and direct all future correspondence to his attorney.
Why It Matters to Your Case
Having an attorney of record protects you from direct contact by insurance companies who might try to get you to make statements or accept inadequate settlements. Your attorney handles all legal communications, ensuring nothing is missed and your interests are protected. If you receive any direct contact from the opposing party after hiring a lawyer, notify your attorney immediately.
Key Takeaway
Your attorney of record officially represents you in court and handles all legal communications—this protects you from direct contact by insurance companies and opposing counsel.