An attorney becomes counsel of record by filing an appearance or signing a pleading. The designation continues until withdrawal is permitted or substitution is completed, and service is effective on counsel of record.
Withdrawal requires court permission.
Alternative Names:
Counsel of Record, Record Counsel
Why it Matters?
The continuing obligation is what surprises attorneys who stop working on a matter without formally withdrawing, since service and deadlines continue to run against them and the client. A firm that transferred a matter without substitution remains responsible for anything filed in the interim. Confirming that substitution was actually entered rather than merely agreed is a routine file-closing step.
Frequently Confused with
Related terms
Frequently asked questions
When does the designation end?
What is the file-closing step?
