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Client's Rights & Responsibilities |
Statement of Client's Rights
- Your attorney is providing you with
this document to inform you of what you, as a client, are entitled to by law
or by custom. To help prevent any misunderstanding between you and your
attorney please read this document carefully.
- If you ever have any questions
about these rights, or about the way your case is being handled, do not
hesitate to ask your attorney. He or she should be readily available to
represent your best interests and keep you informed about your case.
- An attorney may not refuse to
represent you on the basis of race, creed, color, sex, sexual orientation,
age, national origin or disability.
- You are entitled to an attorney who
will be capable of handling your case; show you courtesy and consideration
at all times; represent you zealously; and preserve your confidences and
secrets that are revealed in the course of the relationship.
- You are entitled to a written
retainer agreement which must set forth, in plain language, the nature of
the relationship and the details of the fee arrangement. At your request,
and before you sign the agreement, you are entitled to have your attorney
clarify in writing any of its terms, or include additional provisions.
- You are entitled to fully
understand the proposed rates and retainer fee before you sign a retainer
agreement, as in any other contract.
- You may refuse to enter into any
fee arrangement that you find unsatisfactory.
- Your attorney may not request a fee
that is contingent on the securing of a divorce or on the amount of money or
property that may be obtained.
- Your attorney may not request a
retainer fee that is nonrefundable. That is, should you discharge your
attorney, or should your attorney withdraw from the case, before the
retainer is used up, he or she is entitled to be paid commensurate with the
work performed on your case and any expenses, but must return the balance of
the retainer to you. However, your attorney may enter into a minimum fee
arrangement with you that provides for the payment of a specific amount
below which the fee will not fall based upon the handling of the case to its
conclusion.
- You are entitled to know the
approximate number of attorneys and other legal staff members who will be
working on your case at any given time and what you will be charged for the
services of each.
- You are entitled to know in advance
how you will be asked to pay legal fees and expenses, and how the retainer,
if any, will be spent.
- At your request, and after your
attorney has had a reasonable opportunity to investigate your case, you are
entitled to be given an estimate of approximate future costs of your case,
which estimate shall be made in good faith but may be subject to change due
to facts and circumstances affecting the case.
- You are entitled to receive a
written, itemized bill on a regular basis, at least every 60 days.
- You are expected to review the
itemized bills sent by counsel, and to raise any objections or errors in a
timely manner. Time spent in discussion or explanation of bills will not be
charged to you.
- You are expected to be truthful in
all discussions with your attorney, and to provide all relevant information
and documentation to enable him or her to competently prepare your case.
- You are entitled to be kept
informed of the status of your case, and to be provided with copies of
correspondence and documents prepared on your behalf or received from the
court or your adversary.
- You have the right to be present in
court at the time that conferences are held.
- You are entitled to make the
ultimate decision on the objectives to be pursued in your case, and to make
the final decision regarding the settlement of your case.
- Your attorney's written retainer
agreement must specify under what circumstances he or she might seek to
withdraw as your attorney for nonpayment of legal fees. If an action or
proceeding is pending, the court may give your attorney a "charging lien,"
which entitles your attorney to payment for services already rendered at the
end of the case out of the proceeds of the final order or judgment.
- You are under no legal obligation
to sign a confession of judgment or promissory note, or to agree to a lien
or mortgage on your home to cover legal fees. Your attorney's written
retainer agreement must specify whether, and under what circumstances, such
security may be requested. In no event may such security interest be
obtained by your attorney without prior court approval and notice to your
adversary. An attorney's security interest in the marital residence cannot
be foreclosed against you.
- You are entitled to have your
attorney's best efforts exerted on your behalf, but no particular results
can be guaranteed.
- If you entrust money with an
attorney for an escrow deposit in your case, the attorney must safeguard the
escrow in a special bank account. You are entitled to a written escrow
agreement, a written receipt, and a complete record concerning the escrow.
When the terms of the escrow agreement have been performed, the attorney
must promptly make payment of the escrow to all persons who are entitled to
it.
- In the event of a fee dispute, you
may have the right to seek arbitration. Your attorney will provide you with
the necessary information regarding arbitration in the event of a fee
dispute, or upon your request.
Also note: It is a practice of
this law firm to utilize off-site data storage services for the periodic
archival of client data (e.g., electronic files & records). You are entitled,
should you prefer, to request that your electronic data not be stored in this
manner, in which case an on-site storage medium will be used.
Client's Responsibilities
- The client is expected to treat the
lawyer and the lawyer's staff with courtesy and consideration.
- The client's relationship with the
lawyer must be one of complete candor and the lawyer must be apprised of all
facts or circumstances of the matter being handled by the lawyer even if the
client believes that those facts may be detrimental to the client's cause or
unflattering to the client.
- The client must honor the fee
arrangement as agreed to with the lawyer, in accordance with law.
- All bills for services rendered
which are tendered to the client pursuant to the agreed upon fee arrangement
should be paid promptly.
- The client may withdraw from the
attorney-client relationship, subject to financial commitments under the
agreed to fee arrangement, and, in certain circumstances, subject to court
approval.
- Although the client should expect
that his or her correspondence, telephone calls and other communications
will be answered within a reasonable time frame, the client should recognize
that the lawyer has other clients equally demanding of the lawyer's time and
attention.
- The client should maintain contact
with the lawyer, promptly notify the lawyer of any change in telephone
number or address and respond promptly to a request by the lawyer for
information and cooperation.
- The client must realize that the
lawyer need respect only legitimate objectives of the client and that the
lawyer will not advocate or propose positions which are unprofessional or
contrary to law or the Lawyer's Code of Professional responsibility.
- The lawyer may be unable to accept
a case if the lawyer has previous professional commitments which will result
in inadequate time being available for the proper representation of a new
client.
- A lawyer is under no obligation to
accept a client if the lawyer determines that the cause of the client is
without merit, a conflict of interest would exist or that a suitable working
relationship with the client is not likely.
Copyright 2004, Basch & Nickerson
LLP. All Rights reserved.