Assignment of Counsel
What an Assignment of Counsel Is
Why a Clear Assignment Matters
A properly executed Assignment of Counsel reduces disputes about who may act for a party, creates a clear service point for pleadings and notices, and documents consent and scope for courts and opposing counsel.
Who Typically Completes This Document
Common users: clients, retained attorneys, public defenders, and administrative representatives who need to document representation authority.
- Private clients and law firms documenting substitution or engagement for litigation or administrative matters.
- Public defenders or appointed counsel when courts accept an appearance or substitution.
- In-house counsel or corporate representatives assigning outside counsel for specific disputes or transactions.
Confirm party capacity and signature authority before filing; courts, agencies, and opposing counsel often require proof of authority or additional local forms.
Typical Signatories and Their Roles
Lead Counsel
The attorney of record signs to accept representation and to specify the scope; include bar number, firm name, and contact details. Courts rely on this information for service, docketing, and verifying counsel authority during hearings or motions.
Client Representative
The client or an authorized corporate officer signs to consent to representation and any limits. When a corporate entity signs, attach proof of authority—such as a corporate resolution or officer certification—to avoid filing delays or challenges to signatory authority.
Risks When an Assignment Is Incorrect
Common Preparation Mistakes to Avoid
- Using an unsigned or initial-only block where the document requires a full signature causes courts to reject the filing or question counsel authority.
- Failing to specify the scope or limiting language can lead to disputes when counsel acts outside intended authority, increasing litigation costs and delays.
- Submitting without confirming the client’s capacity or corporate signatory authority can void the assignment and require additional documentation or affidavits.
- Not following local court rules for notices of appearance or substitution commonly results in rejection or a requirement to refile with corrected forms.
Step-by-Step: Prepare, Execute, and File
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01Draft: Describe the scope, effective date, and limitations succinctly.
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02Review: Confirm client capacity, attorney consent, and firm details.
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03Sign: Have client and attorney sign and date the document.
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04File: Serve opposing parties and file with court or agency per local rule.
How the Assignment Moves Through Workflow
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Prepare: Generate the document and populate party and counsel information.
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Authorize: Obtain signatures from client and attorney; notarize if required.
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Serve: Deliver copies to opposing counsel and stakeholders.
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File: Submit to clerk or agency; retain proof of service and filing.
Configure an Online Workflow for Assignments
| Field | Configuration |
|---|---|
| Signer Authentication | Email plus SMS code or KBA where required |
| Signing Order | Client signs before attorney to confirm consent |
| Notarization | Enable RON or local notary step as needed |
| Storage | Save final PDF and certificate in secure repository |
Platform and Integration Requirements
Use platforms that support PDF and DOCX, provide audit trails, signer authentication, and secure storage for counsel assignments.
- Formats: PDF, DOCX supported
- Integrations: Case management and cloud storage
- Auth Methods: Email, SMS, OAuth, KBA
Typical Timing and Deadlines to Watch
Effective Date:
Date parties agree; use MM/DD/YYYY format
Service Deadline:
Serve opposing counsel per local rule, often immediately
Court Filing:
Some courts require filing within days of substitution
I-9 Timing:
If assignment affects employment, retain related I-9s per regulations
Record Retention:
Keep executed copy per retention schedule and regulatory requirements
Key Milestones from Engagement to Archival
Engagement Signed
Client and attorney sign to create representation authority
Notice Served
Provide opposing parties and clerk with substitution or notice
Court Acceptance
Judge or clerk enters appearance or substitution on the docket
Archive
Store executed documents and audit trail in secure system
eSignature Vendor Pricing and Feature Snapshot
| signNow | DocuSign | Adobe Sign | PandaDoc | HelloSign | |
|---|---|---|---|---|---|
| Starting Price | $8/user/mo | $15/user/mo | $14/user/mo | $19/user/mo | $15/user/mo |
| Free Trial | 7-day free trial | Varies | Varies | Varies | Varies |
| Bulk Send | Yes | Yes | Yes | Yes | No |
| Audit Trail | Yes | Yes | Yes | Yes | Yes |
| Envelope Cap | No cap | 100 envelopes/user/year | Varies | Varies | Varies |
FAQs and Troubleshooting
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Can an Assignment be e-signed?
Yes. Electronic signatures on Assignments of Counsel are generally enforceable under the ESIGN Act (15 U.S.C. ch. 96, 2000) and UETA where adopted, provided the four-part validity test is met: intent, consent, attribution, and retention.
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Is notarization required?
Not typically required for substitution of counsel, but some courts or filings may require a notarized acknowledgement or additional forms. Verify local court or agency rules before filing to avoid rejection.
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How do I revoke an Assignment?
Revoke by executing a written notice of revocation signed by the client and served on counsel, opposing parties, and the court or agency. Local procedural steps or forms may be required to complete revocation.
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Who signs for a corporation?
An authorized officer or registered agent should sign on the corporate entity’s behalf and include title and capacity. Courts may request a corporate resolution or power of attorney proving authority.
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What if signer names differ?
If names differ from case captions or ID, provide supporting proof of authority such as a corporate resolution or notarized affidavit. Name mismatches can delay acceptance and trigger requests for additional verification.
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How long should records be kept?
Retain executed assignments per retention policies and legal requirements; generally keep for the active term plus at least three years, with six years recommended for HIPAA-regulated materials (45 CFR §164.530(j)).