A special appearance by an attorney does not mean the attorney is submitting to the court’s jurisdiction in the matter
Challenging The Jurisdiction of The Court Over Attorney’s Client
Sometimes a special appearance by an attorney is made for the sole purpose of challenging the court’s jurisdiction over the attorney’s client and the attorney’s presence at the hearing is only to argue that point.
Should the lawyer fail to state he is appearing specially, the court will assume the appearance is a general appearance and impose jurisdiction on the attorney and his client for all future proceedings in the matter. The attorney will officially then be the attorney of record for his client.
Special Appearance Based On Convenience
Although the specially appearing attorney is not taking over the case, the appearing attorney is allowed to argue motions and even deal with substantive matters relating to the case.
In states like California, an attorney may make a special appearance for the benefit of the attorney of record who is absent due to a host of justifiable reasons such as being in trial on another matter, being outside the jurisdiction, or simply on a well-deserved vacation.
A special appearance is done mostly as a courtesy and convenience for the attorney who is unable to make the appearance personally.
The specially appearing attorney informs the court that she is appearing specially for the attorney of record.
