Legal Question in Family Law in New York
whose name should appear.
On a preliminary conference order the name of the attorney of record for the plaintiff was listed as being present at the conference. However, the attorney of record for the plaintiff gave testimony that it was another attorney substituting for them who was present at that conference. My question is that since the conference order was signed and filed by the court and is now official record should not the name of the substituting attorney appear as well on the conference order since testimony places them as the attorney actually present in the courtroom on that day. In addition, none of the parties allegelly present at that conference did not sign the order because testimony by the law secretary by way of e-mail states that he forgot to give the parties the order to sign. Can some question be raised about the conference order signed by the judge when one member of both parties deny being present at that conference?
1 Answer from Attorneys
Re: whose name should appear.
It's unclear from your question, but what I'm presuming happened is that an of-counsel attorney appeared at the preliminary conference for the attorney of record and indiciated that he was appearing on behalf of the attorney of record on the PC order. This is not improper and in fact occurs all the time. If I am getting the facts wrong, please feel free to write again.
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