What is a correspondent attorney?
A correspondent attorney is an attorney that receive instructions from another attorney within a specific jurisdiction or area to perform instructions from an instructing attorney. It often happens that the instructing attorney is unable to physical perform instructions because the offices of the instructing attorney is not within the jurisdictional area of a specific court, and therefore, he or she needs to appoint a correspondent attorney. If an instructing attorney need to appoint a correspondent attorney, he or she needs to have a business address within a radius of 25 km from the specific courthouse in which the legal matter needs to be initiated. This can be anything from an action such as a summons or application procedure such as a notice of motion.
In other words, a correspondent attorney steps into the shoes of the instructing attorney to perform his or her instructions as if the instructing attorney is doing the work himself or herself. Once a correspondent attorney has been appointed and instructed by the instructing attorney, the correspondent attorney will attend to issue legal documents, serve, file, instruct the relevant Sheriff, and attend to court hearings if it is required. The correspondent attorney always have a duty to give the instructing attorney feedback on the instructions that he or she received.
What are the duties of a correspondent attorney
The correspondent attorney is a creature of instruction and have more or less the same duties as the instructing attorney. The correspondent attorney should perform and execute the instructions of the instructing attorney with the same skill, care, professional manner and urgency as the instructing attorney would have done.
Finding the correct correspondent attorney is crucial to ensure that the legal process is dealt with in a correct and most efficient manner to perform the necessary instructions and to furnish the instructing attorney with feedback on a regular basis.
Author: C. Smith (LLB)
Raymond Sutton Incorporated
This article and the information contained herein does not create an attorney-client relationship and it does not constitute legal advice of any sort. This article is purely intended as a general informative guideline only. It is important to consult with your attorney as soon as possible to follow his or her instructions.