Q: Hello, Does every attorney that presents on a case before the court have to file an individual appearance?
Hello,
My Question: If a law firm files an appearance and list two attorneys on the appearance, Can a new attorney for the same firm, present to the court without filing an additional appearance?
Ex: attorney X represents Client A, X law firm files an appearance for his firm, himself, and an additional attorney on behalf of his clients (defendant) personal injury case.
A year later neither attorney of record is available for a hearing date. The firm chooses attorney B, a capable attorney, to stand before the court on the matter. Attorney B attends the hearing, addresses the judge, submits exhibits, and objects to plaintiffs motion, however Attorney B did not file a written appearance with the court.
Does this violate rule 13 (c) (1)?
Can multiple attorneys for one firm present in court if their individual names have not been listed as an attorney of record? (Illinois/Cook)
A: Only an Illinois attorney could answer your question, as it involves state procedural rules, but you await a response for five weeks. Until you are able to consult with a local attorney who could advise precisely under Illinois civil procedure law, in many places nationwide as a general practice, courts can usually allow a matter to proceed if a law firm has established their appearance, and thereafter uses different attorneys from the same firm (or their "of counsel" attorneys). Good luck
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.
