Define: Counsel Of Record

A Counsel of Record is an attorney who is officially designated as the primary representative for a party in a legal case. They are responsible for all communication and representation on behalf of their client.

A Counsel of Record is typically appointed by the client themselves. They may also be appointed by a court if the client is unable to choose their own representation.

Yes, a Counsel of Record can be changed during a case. However, this usually requires the court’s approval and may involve certain procedures and formalities.

The responsibilities of a Counsel of Record include representing their client’s interests, providing legal advice, preparing legal documents, conducting legal research, negotiating settlements, and presenting arguments in court.

In some cases, a Counsel of Record may represent multiple clients if there are no conflicts of interest. However, it is generally advisable for each client to have their own separate representation to ensure their individual interests are fully protected.

Yes, a Counsel of Record can withdraw from a case under certain circumstances. This may include situations where the attorney-client relationship has broken down, the client fails to cooperate, or there is a conflict of interest that cannot be resolved.

If a party does not have a Counsel of Record, they may choose to represent themselves, which is known as appearing pro se. However, it is generally recommended to have legal representation to ensure the best possible outcome in a case.

A Counsel of Record is generally not held personally liable for their client’s actions. However, they have a duty to act ethically and within the bounds of the law. If they engage in misconduct or negligence that causes harm to their client, they may be subject to professional disciplinary action.

In some cases, the opposing party may file a motion to disqualify a Counsel of Record if they believe there is a conflict of interest or unethical behaviour. The court will then decide whether to grant the motion and replace the attorney.

To find a qualified Counsel of Record, you can seek recommendations from trusted sources, such as friends, family, or other attorneys. You can also research local bar associations or legal directories to find attorneys who specialize in the relevant area of law. It is important to interview potential attorneys and ensure they have the necessary experience and expertise to handle your case effectively.