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?
A: That is not usually how it goes. The judge will want all attorneys to enter their appearances.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
