This post is more for the lawyers. However, it is important that people understand what their family law lawyers are doing.
I know, most of my clients have taken very little interest in how the law actually works. They would rather the lawyer do the work and help them with their situation: be it a divorce, custody, child support, paternity, adoption, guardianship, or other kind of family law case. Still, I always tell my clients as much as they can stand to know about the law.
With that thought in mind, I wanted to talk a little bit about how lawyers let the court know who they represent and how the lawyers go about giving the court their contact information. This form varies from state-to-state and you should talk with a family law lawyer in you area about any changes in the law.
The form that the attorney must file in court is called several things; including an Attorney Appearance or a Certificate of Representation. From what I have seen, both documents, no matter their title, do essentially the same thing – they let the court know who the lawyer is representing and give the court the lawyer’s contact information. Pretty simple.
The document must be filed with the court when the lawyer files the initial paperwork or “pleading”. For example, if a Petition for Dissolution of Marriage is filed with the court, certain documents must also be filed along with the Petition. One of those documents is the Certificate of Representation.
If the proper documents are filed with the court, the clerk of court or court administrator will, upon receipt of the completed certificate, notify all parties and their lawyers of the date the case was filed and what file number has been assigned to the case. After that, the case has been commenced.
Again, I know these things sound obvious, but I post this for two reasons: (1) to refresh my own memory from time-to-time of the requirements of the law and (2) to let anybody reading this know that the law is complicated and full of small requirements. If one of those “small” requirements is not followed, it can have serious consequences on your case.
If you don’t understand the intricacies, do yourself a favor, hire a good family law lawyer in Apple Valley MN.
What happens if a lawyer represents a client at a hearing WITHOUT filing a certificate of representation?
Regina