Campbell, CA asked in Contracts and Civil Litigation for California

Q: Does the defendant's lawyer have to produce the evidence of the defendant consent per plaintiff's request in the court?

The lawyer filed for an extension for a defendant's answer in a civil process. Plaintiff requested the lawyer to produce a defendant's consent to act in that civil process. The lawyer failed and refused to produce it. Plaintiff suspects that the lawyer was not hired by defendant, but by the third party. How can plaintiff request the proof that the lawyer acts with or without defendant's consent?

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
  • Newport Beach, CA
  • Licensed in California

A: When an attorney files a document with the Court in a litigation they become the attorney of record unless they also file simultaneously a notice of limited representation. A plaintiff is not entitled to receive a "Defendant's consent" this is something that insurance companies can require in out of court negotiations for settlement with an attorney. A notice of representation does not have to be signed by the defendant, the attorney can sign it. Third parties often hire the defense attorneys because they are hired by the insurance companies based on their contracts with the insured.

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