Key Takeaways

  • An appearance of counsel refers to an attorney formally notifying the court of their representation in a case.
  • Filing a Notice of Appearance ensures a party’s legal interests are represented and they receive court documents.
  • Appearance counsel may be temporary attorneys hired to represent another lawyer’s client in court.
  • Local counsel supports out-of-area attorneys and helps ensure compliance with jurisdiction-specific court rules.
  • Entry of appearance can sometimes be paired with a waiver of service to streamline family or civil court procedures.

The appearance of counsel definition is something that a creditor in a bankruptcy case should know if he or she is seeking legal representation. In order to declare appearance of counsel, an attorney is required to submit a notice of appearance and comply with certain rules and regulations imposed by the court. An attorney may handle an appearance himself or herself or hire a local counsel to do so.

What Is a Notice of Appearance?

A notice of appearance refers to a document that is usually filed by a lawyer on behalf of a creditor in a bankruptcy case. It indicates that the lawyer is representing the creditor and wishes to obtain copies of all the documents the debtor and other parties are required to provide in the case. This document typically contains language that seeks the provision of papers.

A notice of appearance is a routine and standard kind of filing and a very common practice in bankruptcy cases. In a consumer case, it is usually submitted by secured creditors, particularly mortgagees who are interested in following the developments in a bankruptcy proceeding.

A creditor usually files a notice of appearance when he or she is filing a proof of claim or motion. An attorney who files a motion for relief from stay in a bankruptcy case often concurrently files a notice of appearance if he or she has not done so previously.

In general, if you are a consumer debtor in a bankruptcy case, you are not required to take any action if your creditor serves a notice of appearance. Nonetheless, if you serve a motion, make sure it is served on every party in interest, including:

  • Trustee.
  • U.S. trustee.
  • All creditors in the petition.
  • Those who served a notice of appearance.

If you are the creditor in a bankruptcy case and want to be sure you will receive notices, you should serve a notice of appearance and request for service of papers.

When Is a Notice of Appearance Required?

A Notice of Appearance is typically required when an attorney wishes to represent a party in court proceedings formally. It is often filed in the following situations:

  • In bankruptcy cases to ensure a creditor receives case notifications.
  • When a party wants legal representation in family law or civil litigation.
  • To comply with court rules mandating formal appearance filings before participating in proceedings.

Filing this notice allows counsel to receive case documents and ensures their involvement is recognized by the court. In many jurisdictions, once filed, the opposing counsel and the court must serve future notices to that attorney.

Rules Governing the Appearance of Counsel

According to the rules of the U.S. Supreme Court, an attorney who wants to submit a document in the Supreme Court must be admitted to practice before the Court. However, admission to the Bar of the Court is not a requirement for a lawyer who is appointed under the Criminal Justice Act.

Also, the lawyer whose name, address, and contact number are shown on the cover of the document is regarded as the counsel of record. In this case, there is no need to file a notice of appearance. If the cover of the document shows more than one lawyer, the lawyer who is counsel of record must be clearly identified.

If a party chooses not to file a document, the attorney representing him or her is required to file a separate notice of appearance and indicate the name of the party. A new notice of appearance must be served if the attorney who is counsel of record is substituted.

Entry of Appearance and Waiver of Service

In family or civil court, an "Entry of Appearance and Waiver of Service" allows a party to acknowledge a legal proceeding without being formally served. This document is signed by the respondent and confirms:

  • They are aware of the legal action.
  • They do not need to be served through a process server or sheriff.
  • They voluntarily submit to the court's jurisdiction.

This can save time and reduce litigation costs. However, legal advice is recommended before signing to ensure one’s rights are protected.

What Is a Local Counsel?

A local counsel may mean an ad-hoc attorney who is hired for the purpose of handling an appearance or hearing or eliminating the need for the lead attorney to travel. Just as “of counsel” has multiple definitions, the term “local counsel” can mean different things. Sometimes, when handling a case in another jurisdiction, the chosen counsel of a client may engage a local attorney to ensure that the case proceeds in accordance with local rules and practices. This is usually done with client involvement and agreement.

In many situations, local counsels are used without notifying the clients, and they are compensated with a portion of the fees paid to the lead counsels. They may appear with limited authority and knowledge, only enough to respond to a small number of questions or issues. In all states, having an agent of the lead counsel acting on behalf of a client as local counsel is probably enough to establish a lawyer-client relationship.

According to a rule pertaining to the use of local counsels, an attorney is allowed to limit the scope of representation as long as the limitation is reasonable and the client knowingly agrees to it.

What Is Appearance Counsel?

Appearance counsel refers to attorneys who represent another lawyer’s client at a single hearing or procedural matter. This is common when the primary counsel is unavailable or practicing from outside the jurisdiction. Key features of appearance counsel include:

  • Temporary Representation: Typically limited to one court appearance or specific event.
  • Geographic Convenience: Helps national firms or solo attorneys comply with local court appearance requirements without travel.
  • Efficiency and Cost Savings: Avoids unnecessary time and travel expenses for lead counsel.

Appearance counsel is especially valuable in high-volume or routine cases (like traffic, bankruptcy, or foreclosure hearings), where in-depth legal strategy is not required.

Key Differences Between Local and Appearance Counsel

While often confused, local counsel and appearance counsel serve distinct roles:

Local Counsel Appearance Counsel
Provides ongoing jurisdictional support Typically makes one-time court appearances
Helps lead counsel navigate local rules Represents absent attorney in routine matters
May participate in strategy and filings Limited to procedural representation
Often disclosed to the client May not be directly engaged by the client

Understanding the difference helps attorneys choose the right support depending on the complexity and needs of a case.

Frequently Asked Questions

  1. What is the appearance of counsel meaning in court?
    It refers to the formal process where an attorney notifies the court they are representing a party in a case.
  2. Is a notice of appearance always required?
    Not always, but it is generally required if the attorney wants to participate in filings or hearings.
  3. What is the difference between local counsel and appearance counsel?
    Local counsel assists with jurisdiction-specific procedures, while appearance counsel represents a party temporarily in court.
  4. Can a party waive formal service by signing an entry of appearance?
    Yes. In many civil and family law cases, a party can voluntarily accept jurisdiction and waive formal service.
  5. Why would a lawyer use appearance counsel?
    To handle routine matters without traveling, especially when the court is in a different jurisdiction.

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