what is a filing attorney

by Mack Batz DVM 7 min read

An Attorney Will Be Your Advocate During Your Case Once you file your case, you'll need to provide documents to the trustee and attend a 341 meeting of creditors. A bankruptcy attorney will ensure that the necessary papers get to the trustee in a timely fashion and attend the creditors meeting with you.

Full Answer

What does it mean to file documents in court?

Oct 01, 2020 · If you are unable to locate your attorney number, please contact Maryland Judicial Information Systems (JIS) Service Desk or call the Service Desk at 410-260-1114. Once you know your attorney number, you can register and e-file documents with the court, as well as register to have full remote, online access to the cases you are representing.

What is an attorney-in-fact?

9 hours ago · Filing the complaint. Civil lawsuits begin when the lawyer files a document known as a complaint in the proper local court system. A copy of the complaint is also served onto the defendant. This ...

How do I get an attorney in a family court case?

Most states have incorporated UCC rules into their own laws. A “UCC filing” refers to the filing of a specific UCC form with a state’s Secretary of State Office. The form that is filed is known as the UCC-1 Financing Statement (UCC-1). The UCC-1 filing is a legal notice filed by a creditor (a person to whom money is owed).

What is the legal definition of filing a motion?

Mar 17, 2022 · An attorney-in-fact is a person you've assigned to manage your affairs through the power of attorney document. This person is an agent acting on your behalf, also called a fiduciary . An attorney-in-fact does not need to be someone who can practice law.

image

What does filing suit mean?

The act of filing legal papers at the courthouse is called "filing suit." The client gives the authorization to file suit after all other options have been exhausted during the pre-suit period. When a case is filed with the court, it does not necessarily mean you will be accompanying your lawyer to court.

What is the legal definition of filing?

To file means to deposit a legal document with the clerk or record custodian with the purpose of having the document preserved and placed into the official record. To file also means to commence a lawsuit. [Last updated in August of 2021 by the Wex Definitions Team]

What is a filing process?

Filing is a material removal process in manufacturing. Similar, depending on use, to both sawing and grinding in effect, it is functionally versatile, but used mostly for finishing operations, namely in deburring operations. Filing operations can be used on a wide range of materials as a finishing operation.

What are the types of filing?

There are 5 methods of filing:Filing by Subject/Category.Filing in Alphabetical order.Filing by Numbers/Numerical order.Filing by Places/Geographical order.Filing by Dates/Chronological order.

What does it mean when a creditor files an unauthorized UCC-1?

“Unauthorized” means that the filing is not a legitimate lien, and that the debtor does not in fact owe money. If a creditor files an unauthorized lien, then, a debtor may initiate a court proceeding to have the lien removed, and for damages.

How long does it take to terminate a UCC?

This is one way to ensure termination of a UCC filing. Once the lender receives the request, the lender has 20 days to terminate the UCC filing. A lender may also, as an alternative to termination of a UCC-1 filing, give the debtor the termination statement.

How long is a UCC-1 valid?

Under the UCC, a UCC-1 filing is valid for a period of five years from the filing date. The UCC-1 lapses,or becomes ineffective, if that period of time expires.

What is the UCC in business?

The UCC governs matters related to contract formation, interpretation, and breach. Most states have incorporated UCC rules into their own laws.

How long does it take to file a UCC-3?

There is a specific deadline for the filing of the UCC-3 continuation form. A creditor seeking to file the UCC-3 continuation form, must do so within 6 months of when the UCC-1 filing is set to expire.

What is UCC-1 form?

The form that is filed is known as the UCC-1 Financing Statement (UCC-1). The UCC-1 filing is a legal notice filed by a creditor (a person to whom money is owed). Through filing the notice with the state Secretary of State and paying a fee, the creditor announces that it has the right to obtain property of a debtor.

How long does a UCC-3 form last?

The UCC-3 continuation form amends the UCC-1, to extend that document’s validity for five more years . A creditor cannot file the UCC-3 form simply because the creditor feels like doing so. For a creditor to file the form, the loan must not have been paid back at the end of the five-year period.

What is a power of attorney?

A power of attorney is a document that lets you name someone to make decisions on your behalf. This appointment can take effect immediately if you become unable to make those decisions on your own.

What is a POA?

A power of attorney (POA) is a document that allows you to appoint a person or organization to manage your property, financial, or medical affairs if you become unable to do so.

What is a power of attorney for health care?

A health care power of attorney grants your agent authority to make medical decisions for you if you are unconscious, mentally incompetent, or otherwise unable to make decisions on your own. While not the same thing as a living will, many states allow you to include your preference about being kept on life support.

What to do if your power of attorney is not able to determine mental competency?

If you think your mental capability may be questioned, have a doctor verify it in writing. If your power of attorney doesn't specify requirements for determining mental competency, your agent will still need a written doctor's confirmation of your incompetence in order to do business on your behalf. A court may even be required to decide the ...

What happens if you can't review updates?

If you are unable to review updates yourself, direct your agent to give an account to a third party. As for legal liability, an agent is held responsible only for intentional misconduct, not for unknowingly doing something wrong. This protection is included in power of attorney documents to encourage people to accept agent responsibilities.

Why do you need multiple agents?

Multiple agents can ensure more sound decisions, acting as checks and balances against one another. The downside is that multiple agents can disagree and one person's schedule can potentially delay important transactions or signings of legal documents. If you appoint only one agent, have a backup.

What is the best way to choose a power of attorney?

Trust is a key factor when choosing an agent for your power of attorney. Whether the agent selected is a friend, relative, organization, or attorney, you need someone who will look out for your best interests, respect your wishes, and won't abuse the powers granted to him or her. It is important for an agent to keep accurate records ...

What to do if you are unsure about an attorney?

If you are unsure whether your concerns with an attorney involve professional misconduct, in most states you can call or email the disciplinary office and discuss the matter prior to submitting a written complaint. Contact information for attorney regulatory authorities, by jurisdiction:

What are some examples of attorney practices that violate the Rules?

Some examples of attorney practices that violates the Rules include: Failure to provide an accounting of your money or property held by the attorney. Commingling your funds with the attorney's own money. Refusing to return your file at the conclusion of the representation.

What are some examples of attorney misconduct?

Some examples of attorney practices that violates the Rules include: Serious neglect of your case. Failure to provide an accounting of your money ...

What is an affidavit of fact?

An attorney affidavit is a statement written and signed by a lawyer, then entered into an official court record — typically as a piece of evidence or testimony for a case in which the lawyer is representing one or more parties. Sometimes the affidavits are simply statements of fact, but not usually. Attorneys can almost always make general ...

When do you need an independent affidavit?

Also, an attorney may file an independent affidavit in matters of extreme medical hardship of a client, which may be necessary when the establishment or transference of medical or durable power of attorney is sought.

What does it mean to affix a signature?

By affixing his or her signature, a person is basically swearing that the statement is personally known to be completely true. It’s usually seen as equivalent to a sworn statement made orally in a courtroom or before a judge. An exclusively attorney affidavit is one made by or sworn to by a lawyer who is somehow involved in the case.

Can a lawyer file an affidavit on behalf of a client?

Seconds. A lawyer can file an attorney affidavit on behalf of a client. Most often, a lawyer will file an attorney affidavit on behalf of his or her client during trial in situations in which anonymity may be required.

Does an affidavit require a deposition?

The process for creating and entering an attorney affidavit is usually the same as it would be for any other type of legal affidavit, but the process doesn’t typically require formal deposition with counsel present. In fact, all that an affidavit usually requires is the written statement by ...

Can an attorney file an affidavit in medical court?

This may happen in situations in which a particular witness fears the revelation of his or her identity could lead to retribution. Also, an attorney may file an independent affidavit in matters of extreme medical hardship of a client, which may be necessary when ...

What is the meaning of filing?

In law, filing is the delivery of a document to the clerk of a court and the acceptance of the document by the clerk for placement into the official record. If a document is delivered to the clerk and is temporarily placed or deposited with the court (but is not accepted for filing), it is said to have been lodged with or received by the court ...

Where is the third copy of a case filed?

In courts that require triplicate submissions, the third copy is then taken (either by the clerk or by the filer) to the chambers or courtroom of the judge assigned to the case . The clerk then adds the document to the docket for the case as well as any related deadlines or events.

Is a civil procedure mandatory?

In civil procedure systems, filing rules can be mandatory or permissive. In a mandatory filing system, all documents of legal importance exchanged between the parties are also filed with the court, while in a permissive filing system, nothing needs to be filed until the case reaches a point where direct judicial management is absolutely necessary ...

image