A lawyer on one side of the state has a case on the other side of the state. A minor matter requires a court appearance. Attending the hearing across Texas not only would be expensive for the client but also would keep the lawyer from his other duties to other clients.
Lawyers facing issues like this are increasingly turning to what many call “appearance counsel.” Unlike traditional local counsel, who sign pleadings and have full authority to act as necessary for distant lead counsel, appearance counsel often do not file any papers with the court and have no continuing duties after appearing for a single hearing. Using appearance counsel creates significant issues from both an ethical and malpractice perspective.
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