Wayne, as you know I try my best to help when I can if its an area I practice in and dont have to do a bunch of timely research, but this question might better be answered by Mike or Dean who currently practice, unlike my semi retired now mostly paperwork legal practice. I haven't litigated since I defeated Wal Mart in a Jury trial and thats been like 10 years ago, I wanted to quit while I was AHEAD LOL and Jury trials require wayyyyyyyy tooooooooo much work.
ACTUALLY this is best answered by LOCAL PROFERSSIONAL ATTORNEYS more familiar with the laws of your jurisdiction and IS NOT something attorneys can or even should try to answer here, let alone lay persons.
That all being said, I will offer the following which IS NOT legal advice and is worth just what Im charging NOTHING
When filing a Pleading, one submits it to the Clerk of Courts who File Stamps it then enters it into the Courts Official Record/File. AND when a pleading is filed YOU MUST CERTIFY A COPY OF THE SAME IS BEING SERVED ON OPPOSING COUNSEL (or pro se party). In our jurisdictio we can and MUST certify service to the opposition by doing so on the face of the pleading where we may testify something like "I hereby certify a true and accurate copy of this pleading was served on opposing counsel by placing it in an envelope and depositing in the US Mail postage paid adressed to so and so" Any party MUST BY LAW when filing a pleading serve a copy to the opposing party. Likewise, no one party can have ex parte communication with the Court, BOTH PARTIES MUST BE PRESENT.
THEREFORE if I discovered a pleading or other evidence (not tendered and accepted as evidence in Court, but do you know that for sure?????) was in the Courts official records and I was the opposing party and such was not furnished to me, and was NOT accepted into evidence in Court, I WOULD FILE A MOTION AND REQUEST A HEARING QUESTIONING THAT DOCUMENT. Thats not all that hard to do, file a Motion and submit it to the Court AND DONT FORGET TO SERVE A COPY ON THE OPPOSITION. If at a hearing a party tendered a document into evidence the opposition has an opportunity to challenge it and if not or the Court allows it, it then IS a matter of official record regardless if it bears a stamp, so dont jump the gun here, maybe it was tendered and accepted and was it or was it not served on you if an out of court pleading?????
As far as an attorneys continued representation, so long as he has not petitioned for withdrawal as the attorney of record and the Court permitted it HE OR SHE IS STILL THE ATTORNEY OF RECORD even if he never sees or talks the the party ever again. Now why an attorney may continue to reprsent someone who doesnt pay I CAN NOT ANSWER
Hope this helps, Best Wishes and God Bless
John T, BSEE (Bachelor of Science Electrical Engineering) Purdue University, JD (Doctor of Jurisprudence) Indiana University, Supreme Court of the State of Indiana Attorney No 17757-53.
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