When is a Civil Appearance Agreement required?

Not always required; use it whenever you want to document counsel's authority to appear or act. Many courts still require a separate notice of appearance or substituted counsel filing. Check local rules before relying solely on a private agreement.

Can the agreement be signed electronically?

Yes in most jurisdictions under the ESIGN Act (15 U.S.C. ch. 96) and UETA, provided the signing meets the four-part validity test: intent, consent, attribution, and retention; verify exceptions and local court requirements before filing.

Are notarization or witnesses required?

Typically no for standard appearance agreements, but some jurisdictions or courts may require notarization or witness attestations for certain filings. Remote online notarization availability varies; confirm state notary statutes and local practice rules before filing.

What if the attorney withdraws from the case?

Withdrawal requires compliance with court rules: file a motion to withdraw, obtain client consent where required, and notify the court and opposing counsel. Failure to follow procedures can result in sanctions or continued client responsibility.

How long should you retain the agreement?

Retain originals during representation and afterward a conservative period—commonly three to seven years. For HIPAA matters follow 45 CFR §164.530(j) (six years); for tax-related issues follow IRC §6501(a) (three years). State rules may require longer retention.

What should signers verify before signing?

Confirm identity, bar admission, the precise scope of appearance, fee terms, effective date, and whether electronic signing consent has been provided. Ensure signatures are captured with an audit trail meeting ESIGN/UETA tests for attribution and retention.

Electronic Signature
Templates
Legal
Civil Appearance Agreement

Civil Appearance Agreement

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CIVIL APPEARANCE AGREEMENT

This Civil Appearance Agreement ("Agreement") is entered into as of between Client Name: (Client) and Attorney Name: (Attorney).

RECITALS

WHEREAS, Client is a party to civil proceedings identified as Case Name / Matter: , Case Number: , pending in Court: .

WHEREAS, Client desires that Attorney make one or more appearances and provide related services in the above-entitled matter, subject to the terms and conditions set forth below.

WHEREAS, Attorney represents that Attorney is duly licensed, in good standing, and available to undertake appearances on behalf of Client in the jurisdiction(s) required for the matter.

NOW, THEREFORE

In consideration of the mutual promises contained herein, the parties agree as follows:

1. ENGAGEMENT

Client hereby engages Attorney to appear on Client's behalf in the civil matter described above and Attorney accepts such engagement subject to the terms of this Agreement. This engagement is limited to the specific appearance(s) and tasks expressly described in Section 2 below unless otherwise agreed in writing.

2. SCOPE OF APPEARANCE

Attorney shall perform the following services (collectively, "Appearance Services"): (a) enter an appearance and file any necessary pleadings or notices of appearance; (b) attend hearings, conferences, and status calls identified by Client or by the Court; (c) consult with local co-counsel as necessary; and (d) perform such ministerial actions reasonably related to the foregoing. Additional services outside the described Appearance Services shall require written amendment to this Agreement and may be subject to additional fees.

3. AUTHORITY TO ACT

Client authorizes Attorney to take all actions reasonably necessary to effectuate the Appearance Services, including signing filings on behalf of Client where permitted by rule, appearing at specified hearings, and communicating with court personnel. Client retains ultimate authority over strategic decisions and shall be consulted prior to any material stipulation or settlement.

4. FEES, RETAINER AND BILLING

Client shall pay Attorney as follows:

Hourly Rate: Attorney's hourly rate for appearance and related work is per hour, subject to reasonable adjustment with prior notice to Client. Alternatively, a flat appearance fee may be agreed: Flat Appearance Fee: .

Retainer: Client shall pay an initial retainer of prior to appearance. The retainer shall be held in Attorney's client trust account and applied against fees and expenses. Client shall replenish the retainer upon request.

Billing and Payment: Attorney will render periodic invoices describing services performed and expenses incurred. Payment is due within thirty (30) days of invoice date. Unpaid balances shall bear interest at the rate of or the maximum permitted by law.

5. COSTS AND EXPENSES

Client shall reimburse Attorney for reasonable out-of-pocket costs and expenses incurred in connection with the Appearance Services, including filing fees, courier charges, travel, long-distance communications, and copy costs. Such expenses may be advanced by Attorney and charged against the retainer.

6. CLIENT COOPERATION

Client shall promptly provide Attorney with all information, documents, and instructions reasonably necessary for Attorney to perform the Appearance Services. Failure to cooperate or to timely provide requested materials may result in withdrawal or termination and shall not excuse payment of fees earned.

7. CONFLICTS; WITHDRAWAL

Attorney has conducted a reasonable conflicts check based on information provided by Client. If a conflict subsequently arises that prevents continued representation, Attorney may withdraw upon written notice and may seek the Court's approval where required. Withdrawal does not relieve Client of liability for fees and expenses incurred prior to withdrawal.

8. CONFIDENTIALITY

Attorney shall maintain the confidentiality of information provided by Client to the extent required by applicable rules of professional conduct and law. Nothing in this Agreement limits Attorney's duty to disclose information when required by law, court order, or ethics rules.

9. FILES AND RECORDS

Client may request the return of original documents. At the conclusion of services, Attorney will retain the client's file for a reasonable period and may thereafter destroy or otherwise dispose of the file in compliance with applicable rules unless Client requests delivery of the file in writing and agrees to any applicable costs of copying and delivery.

10. INDEMNIFICATION

Client agrees to indemnify and hold Attorney harmless from any third-party claims arising from Client's misrepresentations or instructions and from liabilities associated with actions taken in reasonable reliance on Client's directions, except to the extent resulting from Attorney's gross negligence or willful misconduct.

11. TERMINATION

Either party may terminate this Agreement upon written notice. Upon termination, Client shall pay Attorney for all services performed and costs incurred through the effective date of termination, and any replenishment required for advanced costs.

12. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to conflicts of law principles.

13. ENTIRE AGREEMENT

This Agreement contains the entire understanding between the parties relating to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, and representations, whether oral or written.

14. SEVERABILITY

If any provision of this Agreement is held invalid or unenforceable, such provision shall be modified to the extent necessary to make it valid and enforceable, and the remaining provisions shall remain in full force and effect.

15. NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered by hand, overnight courier, or mailed by certified mail to the addresses set forth below or to such other address as a party may designate by written notice to the other party.

Client Notice Address: Attorney Notice Address:

16. AMENDMENT; WAIVER; COUNTERPARTS

Any amendment or modification of this Agreement must be in writing and signed by both parties. No waiver of any breach shall be effective unless in writing. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

17. MISCELLANEOUS

The headings in this Agreement are for convenience only and do not affect interpretation. The parties acknowledge that they have read this Agreement, understand its terms, and agree to be bound thereby.

ADDITIONAL INSTRUCTIONS / SCOPE DETAILS

Client Printed Name:

By:

Date:

Attorney Printed Name:

By:

Date:

What a Civil Appearance Agreement Is and When It Applies

A Civil Appearance Agreement is a written contract between a client and counsel (or among parties and their counsel) that records who is authorized to appear in civil court proceedings and under what terms. It typically defines scope of representation, specific hearings or filings covered, fee arrangements, withdrawal procedures, and any limits on authority. The agreement clarifies responsibilities for filings and service, documents client consent to counsel actions, and creates a record useful for clerks, opposing parties, and the court when disputes about representation arise.

Why document appearances in writing

A Civil Appearance Agreement reduces ambiguity about who may act on a party's behalf, specifies billing and notice obligations, and creates documentary evidence of consent for filings or stipulations. Clear terms can prevent fee disputes, support motions related to counsel substitution, and assist courts in resolving questions about authority to prosecute or defend an action.

Who prepares and signs Civil Appearance Agreements

Professionals who typically prepare or sign Civil Appearance Agreements include plaintiffs, defendants, retained attorneys, and firms handling civil litigation or administrative hearings.

Solo and small-firm attorneys regularly representing clients in single-jurisdiction matters.
Large law firms for coordinating appearances across multiple courts or jurisdictions.
In-house counsel and pro se litigants using limited-scope representation agreements.

Before signing, each party should confirm the attorney's bar admission, court permission rules, and any client authorization required by local practice rules.

Step-by-step: complete a Civil Appearance Agreement

Complete a Civil Appearance Agreement in stages to ensure accurate authority, clear scope, and proper filing with the court.

01

Gather Parties: Collect client and attorney names, bar numbers, and contact details.
02

Define Scope: List hearings, filings, and explicit limits on representation.
03

Agree Fees: State fee arrangement, retainer, and billing responsibility.
04

Sign & File: Obtain signatures, date, and file with court clerk.

How electronic completion and submission typically work

Electronic completion and eSignature streamline authorization and filing while preserving an audit trail for the Civil Appearance Agreement.

Upload Document: Start with a PDF or DOCX of the signed form.
Place Fields: Add signature, date, and bar-number fields.
Authenticate Signers: Use email or SMS codes; consider ID checks for counsel.
Export & Store: Save PDF/A and retain audit log for court record.

Configure a repeatable eSigning workflow

Set up a repeatable workflow to collect signatures, verify counsel, and file completed Civil Appearance Agreements efficiently.

Field	Configuration
Signer Authentication	Email link; optional SMS OTP; ID credentialing for counsel.
Fields	Signature, date, bar number, scope checkboxes.
Notifications	Auto-email on completion to parties and counsel.
Storage	PDF/A archive with audit trail and access controls.

Technical and security considerations for eSubmission

Electronic submission works with common integrations and file formats; confirm authentication and retention settings before sending.

Integrations: Salesforce, NetSuite, Google Workspace.
Formats: PDF, DOCX, HTML supported.
Authentication: Email, SMS, SSO, KBA options.

Pricing and capability snapshot for executing Civil Appearance Agreements

Compare common eSignature plans and capabilities to understand platform choices for executing Civil Appearance Agreements, focusing on pricing, bulk send, audit trails, and HIPAA availability.

	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 trial	Varies	Varies	Varies	Varies
Bulk Send	Business Premium	Yes	Yes	Yes	Limited
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Best practices to reduce disputes and support court acceptance

Adopt consistent drafting, signature, and recordkeeping practices to reduce disputes and ensure enforceability of Civil Appearance Agreements.

Be specific about scope

Describe exactly which hearings, motions, and administrative actions counsel is authorized to conduct; tie authority to docket numbers or case captions when practical. Avoid vague language that could be interpreted as full representation if limited assistance is intended.

Confirm bar admission & authority

Before filing or appearing, verify the attorney's active bar status in the relevant jurisdiction and record the bar number. Include any court-specific pro hac vice or local counsel requirements and obtain client consent for substitutions or limits.

Document fee arrangements clearly

State retainer amounts, hourly rates, billing responsibility, and conditions for fee recovery. Specify who pays costs for filings or travel and whether counsel may charge for withdrawn appearances to reduce later disputes.

Use reliable eSignature practices

Obtain signer consent to electronic records per ESIGN/UETA, capture an audit trail with timestamps and IP addresses, and consider higher authentication for counsel. Retain signed PDFs and logs to support admissibility.

Key risks if the agreement is incorrect or incomplete

Unauthorized Appearance: Court may strike filings.

Disciplinary Risk: Bar complaints or sanctions possible.

Fee Disputes: Litigation over unpaid fees.

Evidence Gaps: Lack of signed authority.

Rejected Filings: Clerk may refuse acceptance.

Contract Liability: Breach damages or indemnity claims.

Common preparation mistakes to avoid

Using vague scope language like 'all matters' that unintentionally creates full representation and expands counsel liability.
Failing to include bar number and jurisdiction, delaying verification and risking improper appearance and potential sanctions.
Not documenting client consent to electronic signatures or failing consumer disclosures where required by ESIGN.
Neglecting to retain audit trails and signed PDFs, creating evidentiary challenges in disputes or appeals.

Frequently asked questions about Civil Appearance Agreements

Common questions about Civil Appearance Agreements, eSigning, and filing practices are addressed below to reduce errors and compliance risk.

Need help? Contact support

When is a Civil Appearance Agreement required?
Not always required; use it whenever you want to document counsel's authority to appear or act. Many courts still require a separate notice of appearance or substituted counsel filing. Check local rules before relying solely on a private agreement.
Can the agreement be signed electronically?
Yes in most jurisdictions under the ESIGN Act (15 U.S.C. ch. 96) and UETA, provided the signing meets the four-part validity test: intent, consent, attribution, and retention; verify exceptions and local court requirements before filing.
Are notarization or witnesses required?
Typically no for standard appearance agreements, but some jurisdictions or courts may require notarization or witness attestations for certain filings. Remote online notarization availability varies; confirm state notary statutes and local practice rules before filing.
What if the attorney withdraws from the case?
Withdrawal requires compliance with court rules: file a motion to withdraw, obtain client consent where required, and notify the court and opposing counsel. Failure to follow procedures can result in sanctions or continued client responsibility.
How long should you retain the agreement?
Retain originals during representation and afterward a conservative period—commonly three to seven years. For HIPAA matters follow 45 CFR §164.530(j) (six years); for tax-related issues follow IRC §6501(a) (three years). State rules may require longer retention.
What should signers verify before signing?
Confirm identity, bar admission, the precise scope of appearance, fee terms, effective date, and whether electronic signing consent has been provided. Ensure signatures are captured with an audit trail meeting ESIGN/UETA tests for attribution and retention.

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