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Legal Definitions - attorney of record

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Definition of attorney of record

The attorney of record is the lawyer who has formally declared their representation of a party in a legal proceeding. This formal declaration, often made by filing a document with the court or administrative body, officially designates them as the primary legal contact for that party. As the attorney of record, they are authorized to receive all official communications, pleadings, and other formal documents from the court and opposing parties on their client's behalf. They also have the authority to act and make decisions that legally bind their client within the scope of the case.

  • Civil Lawsuit Example: Imagine a small business, "InnovateTech," suing a supplier for failing to deliver crucial components, causing significant financial losses. InnovateTech hires a lawyer, Sarah Chen, to represent them. When Ms. Chen files the initial complaint with the court, her name and contact information are listed as InnovateTech's legal representative. From that moment on, she becomes the attorney of record for InnovateTech. All subsequent court orders, discovery requests from the supplier's legal team, and notices of hearings will be sent directly to Ms. Chen, who is legally authorized to receive them on behalf of InnovateTech.

  • Family Law Example: Consider a divorce case where one spouse, Mr. Davies, hires an attorney, Mr. Miller, to handle the proceedings. Mr. Miller files a "Notice of Appearance" with the family court, formally stating that he represents Mr. Davies. This action makes Mr. Miller the attorney of record. Consequently, any legal documents related to the divorce, such as proposed settlement agreements, child custody motions, or court dates, will be officially served upon Mr. Miller, not directly to Mr. Davies. Mr. Miller is then responsible for communicating these developments to his client and responding appropriately.

  • Intellectual Property Example: An inventor, Dr. Anya Sharma, develops a groundbreaking new medical device and wants to secure a patent for it. She engages a specialized patent attorney, Mr. Lee, to navigate the complex application process with the U.S. Patent and Trademark Office (USPTO). In the patent application documents, Dr. Sharma signs a "Power of Attorney" form, officially designating Mr. Lee as her representative. This makes Mr. Lee the attorney of record for that specific patent application. All official correspondence from the USPTO, including office actions, examination reports, and notices of allowance or rejection, will be directed to Mr. Lee, who is authorized to respond and act on Dr. Sharma's behalf.

Simple Definition

An attorney of record is the lawyer who has formally appeared in a legal case to represent a party. This attorney is authorized to receive all official court documents and pleadings on their client's behalf. In patent and trademark law, it specifically refers to the lawyer or agent named in a power of attorney filed by an applicant.

If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.

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