Legal Definitions - counsel of record

The counsel of record, also known as the attorney of record, is the lawyer who has formally and officially entered an appearance in a specific legal case or proceeding on behalf of a client. This attorney is recognized by the court or administrative body as the primary legal representative for that party.

As the counsel of record, this lawyer is responsible for receiving all official legal documents, such as pleadings, motions, and court orders. They are also authorized to make formal appearances in court, file documents, and generally act on behalf of their client throughout the duration of the legal matter. Their formal designation ensures that all parties involved, including the court, know who to communicate with regarding the case.

Here are some examples illustrating the role of a counsel of record:

• Civil Lawsuit for Damages: Imagine a situation where a homeowner, Mr. Henderson, discovers significant structural damage to his house after a contractor completed renovations. Mr. Henderson decides to sue the contractor for negligence. He hires Attorney Miller to represent him. Attorney Miller files the initial complaint with the court, formally notifying the court and the contractor of the lawsuit. From that point forward, Attorney Miller becomes the counsel of record for Mr. Henderson. All official court notices, requests for information from the opposing side, and scheduling updates will be sent directly to Attorney Miller, and she will be the one appearing in court on Mr. Henderson's behalf.

  Explanation: Attorney Miller's act of filing the complaint and formally appearing in the case establishes her as the official legal representative, making her the counsel of record. She is the designated point of contact and has the authority to act for Mr. Henderson in the litigation.

• Business Contract Dispute: A small tech company, "Innovate Solutions," is involved in a dispute with a larger corporation over a software licensing agreement. The dispute escalates, and the larger corporation files a lawsuit. Innovate Solutions retains Attorney Rodriguez to defend them. Attorney Rodriguez files the company's formal response to the lawsuit and subsequently attends all pre-trial conferences and hearings. Attorney Rodriguez is the counsel of record for Innovate Solutions.

  Explanation: By filing the formal response and making appearances in court, Attorney Rodriguez has officially entered the case as Innovate Solutions' representative. This formal designation means she is the counsel of record, authorized to receive legal documents and represent the company's interests throughout the court proceedings.

• Trademark Application: A new clothing brand, "Urban Threads," wants to protect its unique logo and name by registering them as trademarks with the U.S. Patent and Trademark Office (USPTO). They hire intellectual property attorney Ms. Chen to handle the application process. Ms. Chen prepares and submits the trademark application, listing herself as the authorized representative for Urban Threads. In this administrative context, Ms. Chen is the counsel of record.

  Explanation: Even though this is an administrative process rather than a court case, Ms. Chen's formal designation on the trademark application makes her the official representative. She is the counsel of record, meaning all communications from the USPTO regarding the application will go to her, and she has the authority to respond and act on behalf of Urban Threads.