Designation of Attorney in Charge
(TX)

Summary

This template may be used to designate the attorney in charge in a civil action in Texas district or county court. This template includes practical guidance and drafting notes. The attorney in charge is responsible for the conduct of the suit as to the attorney's client. In addition, all communications from the court or other counsel must be sent to the attorney in charge. Tex. R. Civ. P. 8; see, e.g., Lester v. Capital Indus., Inc., 153 S.W.3d 93, 95–96 (Tex. App.—San Antonio 2004, no pet.). When a party first appears through counsel, the attorney whose signature first appears on the initial pleading is the attorney in charge, unless another attorney is specifically designated in the pleading or afterwards. In order to change the person designated as the attorney in charge, written notice must be sent to the court and all other parties in accordance with Tex. R. Civ. P. 21a. Tex. R. Civ. P. 8. This template is for use in designating an attorney in charge if the client wishes to designate someone other than the attorney whose signature appeared first on the initial pleading or if the original attorney in charge will no longer serve in that role. For example, notice of designation of a new attorney in charge must be sent if the original attorney in charge withdraws from the case. See Tex. R. Civ. P. 10. For a template motion for permission to withdraw from representation, see Motion to Withdraw as Counsel (TX). For a full listing of key content covering fundamental civil litigation tasks throughout a Texas state court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (TX).