Euclid, OH asked in Contracts, Civil Litigation, Communications Law and Legal Malpractice for Pennsylvania

Q: If an attorney makes an appearance as additional counsel for a plaintiff, is it required that both are on the filings?

I am currently a defendant in a civil matter in Pennsylvania. Two years into the case, a lawyer from a different law firm made an appearance as additional counsel "Lawyer A" for the plaintiff. This new law firm then made motions to the court without having the Plaintiff's original lawyer "Lawyer B" on the motions. After ~1 year Lawyer A stopped making motions and never withdrew as counsel. Lawyer B then started making motions with the court again without have Lawyer A on the motions. Is this breaking rules of civil procedure? Can two independent attorneys submit motions to the court on behalf of their client without the other being on the filings?

2 Lawyer Answers
Elizabeth Tarasi
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  • Legal Malpractice Lawyer
  • Pittsburgh, PA
  • Licensed in Pennsylvania

A: That is not usually how it goes. The judge will want all attorneys to enter their appearances.

Peter N. Munsing
Peter N. Munsing
  • Wyomissing, PA
  • Licensed in Pennsylvania

A: Assuming at some point they entered their appearances and one didn't "specially appear"or "appear pro hac vice" then any attorney in a case may file. The Local Rules provide for service upon all counsel, but clearly if two counsel are on the same side it's for them to object.

Also you have an attorney--be guided by them. If you don't it may be good to at least get a consultation so that you focus on the big issues and don't try to score a home run with a minor technical issue.

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