Also known as:attorneys at law · attorney-at-law · attorneys-at-law · attorney · lawyer
Written by attorneys · grounded in primary & secondary sources — see below
A licensed legal practitioner authorized to represent clients before courts and tribunals, sign pleadings and other papers on their behalf, and provide legal advice and services.
Sources & Authorities
How it applies
Common Examples
6
Attorney Signs Federal Complaint
Alice Atkins filed a civil action against Apex Dynamics for breach of contract. Her attorney of record reviewed the complaint, added the required contact information, and signed it before filing with the district court. The clerk accepted the pleading because the signature satisfied the rule requiring an attorney's name on every paper presented to the court.
Plea Discussions Remain Inadmissible
Alfred Ashford faced federal charges and met with the prosecutor to explore a plea. During those talks his attorney negotiated terms that were later rejected. At trial the government could not introduce statements Alfred made in those discussions because they occurred with an attorney for the prosecuting authority and no guilty plea resulted.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
Judge Declines Family Representation
Alexandra Armstrong, now a sitting judge, received a request from her sibling to serve as counsel in a contract dispute. She declined the representation and instead suggested the sibling retain independent counsel. The judge correctly recognized that serving as the family member's lawyer in any forum would violate the prohibition on practicing law while on the bench.
Attorney Discloses Client Fraud
Aaron Adams learned that his client intended to submit false affidavits in an ongoing contract action. After confirming the client's plan, the attorney first urged withdrawal of the material and then disclosed the fraud to the tribunal when the client refused. The disclosure fulfilled the duty to take reasonable remedial measures once criminal or fraudulent conduct related to the proceeding became known.
Corporate Counsel Interviews Employees
Astra Aerospace faced potential product-liability litigation. Its in-house attorney directed an engineer to provide a detailed account of the design process so the company could obtain legal advice. The resulting communication remained protected by attorney-client privilege even though the engineer was not part of senior management.
Vexatious Custody Modification
Albert Allen filed repeated motions to modify a custody decree without new evidence of changed circumstances. The court found the actions constituted harassment and assessed reasonable attorney's fees and costs against him under the governing statute. The award shifted the financial burden created by the frivolous filings.
Common questions
Frequently Asked
5
Must every pleading filed in federal court be signed by an attorney of record?+
Yes. Federal Rule of Civil Procedure 11(a) requires that every pleading, written motion, and other paper be signed by at least one attorney of record in the attorney's name. An unsigned paper must be stricken unless the omission is promptly corrected.
Supporting sources
Can statements made during unsuccessful plea negotiations be used against a defendant at trial?+
No. Federal Rule of Evidence 410(a)(4) renders inadmissible statements made during plea discussions with an attorney for the prosecuting authority when the discussions do not result in a guilty plea or the plea is later withdrawn.
Supporting sources
May a sitting judge represent a family member in court?+
No. Model Rule of Judicial Conduct 3.10 prohibits a judge from serving as the lawyer for a family member in any forum, although the judge may give uncompensated legal advice or draft documents for family members.
Supporting sources
What must a lawyer do upon learning a client intends to commit fraud in a pending case?+
The lawyer must take reasonable remedial measures, including disclosure to the tribunal if necessary, under Model Rule of Professional Conduct 3.3(b).
Supporting sources
Does the attorney-client privilege protect communications between corporate counsel and lower-level employees?+
Yes. The privilege extends to communications made by any corporate employee to corporate counsel at the direction of superiors for the purpose of securing legal advice.
Supporting sources
260 U.S. 393 (1922)Property
…protected rights. But the case has been treated as one in which the general validity of the act should be discussed. The Attorney General of the State, the City of Scranton, and the representatives of other extensive interests were allowed to take part in the argument below and have submitted their contentions here.…