Legal Definitions - attorney not of record

Attorney Not of Record

An attorney not of record refers to a lawyer who is involved in a legal matter or provides legal advice but is not formally recognized by the court or administrative body as the official representative for a party in a specific case. This means their name does not appear on court filings or official dockets as the designated counsel.

Here are some examples:

• A small business is being sued for breach of contract. Their general corporate attorney is handling the litigation and is the attorney of record. However, the business also consults a specialized intellectual property lawyer for advice on whether certain proprietary information mentioned in the contract could be at risk.

  In this situation, the intellectual property lawyer provides valuable legal guidance and expertise, but they are not officially listed on any court documents as representing the business in the breach of contract lawsuit. Their role is advisory, making them an attorney not of record for that specific litigation.

• Sarah initially hired Attorney Miller to represent her in a divorce case. After several months, Sarah and Attorney Miller mutually agreed to part ways, and Sarah then hired Attorney Chen to take over the representation. Attorney Chen filed a notice of appearance with the court, and Attorney Miller filed a notice of withdrawal.

  Once Attorney Miller formally withdrew from the case and Attorney Chen became the new official representative, Attorney Miller became an attorney not of record. While Miller previously represented Sarah, their official capacity in the court's eyes ceased upon withdrawal.

• A large law firm is defending a client in a complex environmental lawsuit. A junior associate is primarily responsible for managing the day-to-day aspects of the case and is listed as the attorney of record on many filings. However, a senior partner, renowned for their expertise in environmental law, regularly reviews strategies, drafts key arguments, and advises the junior associate behind the scenes.

  The senior partner is providing significant legal input and guidance to the client's defense. Despite their crucial role, they are not formally designated as an attorney of record with the court. The junior associate holds that official status, while the senior partner acts as an attorney not of record.