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Attorney-Client Relationship 101
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Dec 2011
For some legal matters, hiring an attorney is sometimes the best option. When hiring an attorney for the first time, you may not know what to expect and how things will work. What follows is a short guide covering the basics of the attorney-client relationship to help you navigate communications and meetings with lawyers as well as to understand their fees and services.
Communications and Services
First and foremost, the attorney-client relationship is based on trust and is sacred in the eyes of the law—that is, a client can expect that the attorney, once hired, will keep communications confidential, and, in all but extreme circumstances, a court will protect disclosures of a client to an attorney as well.
Accordingly, in dealings with an attorney retained for representation, a client should be honest and forthcoming and always keep the lawyer updated on any changes in circumstances. In return, the client should expect that the attorney will do the following:
- Make sure he or she has no conflict of interest
- Behave ethically according to the applicable Rules of Professional Conduct
- Not abuse the justice system
- Advise the client of the payment structure and fee schedule
- Listen to the client's version of events and ask questions when appropriate to elicit pertinent information
- Keep client matters confidential
- Advise the client of his or her legal rights and responsibilities
- Perform any necessary research to answer questions and support the client's cause
- Represent the client's interests competently, professionally and diligently
- Propose a legal course of action to resolve the client's problem based on an independent professional analysis of applicable facts and law
- Assess the client's chances of winning a case honestly
- Inform the client of settlement offers and other possible resolutions
- Respect and deliver the client's decisions regarding the trajectory of the case, including whether to accept settlement offers
- Write and submit legal documents in a timely fashion
- Provide copies of important documents to the client
- Answer the client's questions and phone calls promptly
- Keep the client updated on case progress
In addition to being open and honest about the case, a client should also inform the attorney immediately if he or she is unhappy with the attorney’s representation, has a question or problem about fees or billing, or has moved or changed phone numbers.
The client should also pay the lawyer as agreed, not ask him or her to perform illegal or unethical activities, and respond to the attorney’s communications and requests for information promptly.
Expectations for Meetings
Meeting with an attorney for the first time can be stressful, but the client can minimize anxiety levels by being well-prepared. When meeting with an attorney, the client should bring any and all documents and other items that may be helpful to the attorney as he or she presents the case—it’s better to bring too much than to have insufficient documentation. Depending on the legal issue, this may include copies of medical bills and records, accident and other police reports, photos, legal documents prepared by other attorneys, and more. When in doubt, ask the attorney what you should bring to the meeting.
Be aware that in some law offices, legal assistants or paralegals may be involved in the fact-gathering process and thereafter. This is not uncommon, particularly in larger law firms, and if this is the case, the attorney may inform the client as such, which will also help him or her know who to contact with questions or concerns.
Fees Explained
Fees were mentioned briefly above, but they are worth discussing in greater depth. When hiring a lawyer, the client should find out the fees and fee schedule up front and get them in writing. This information will vary based on the type of case, location, experience of the attorney, complexity of the case, and many other factors.
Some lawyers charge hourly rates, while others charge a flat fee for certain services ($300 -$500) for drawing up a will, for example). In other situations, such as worker’s compensation cases, the fee may be set by statutory law.
The two “fee” terms clients should be familiar with are “contingency fee” and “retainer fee.” In personal injury or wrongful death cases, lawyers often work on a contingency fee basis, which means they only collect money if they win the case; a client should find out how this fee is calculated beforehand. A “retainer fee,” on the other hand, is an amount set by the lawyer that a client must pay to “retain” his or her services before he or she will work on the case. Typically, the attorneys’ fees are paid out of that money as work is completed.
For those who are planning on hiring an attorney for the first time, the idea of fees, meetings, requirements and confidentiality can sound overwhelming. But it doesn’t have to be, as long as you know what to expect. For further questions about how a specific attorney-client relationship will work beyond this basic primer, there’s no better person to ask than the attorney you’re considering hiring.
Unsure how to go about finding an attorney? You can speak with an attorney about your legal matters through affordable business and personal Legal Plans from LegalZoom. For states where the legal plans are not available, LegalZoom can help you find an attorney in your area through the American Bar Association.
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Comments
Submitted by on Dec 4, 2011 - 10:34AM
I have previously used your firm and was very happy and satisfied with you're services. I also appreciate receiving articles such as the above.
Michael E Yawn
Submitted by on Dec 4, 2011 - 11:55AM
To whom it mat concern,
Im a fellow TBI survivor (Traumatic Brain Injured) who has been trying to go to college to obtain my bachelors degree. During my course of studies Ive had an exceptional amount of problems due to my TBI disability that have made me drop out of school numerous times.
The school that I attend claim that TBI is one of their specialty disabilities and students can be compensated accordingly. First the classes that Im taking are online and they do give disabled students more time to complete work, but thats not the issue TBI is a disability that needs a tutor on hand and since they dont provide that Iam being charged for uncompleted classes.
I dont feel this is fair as TBI carries complications with cognitive issues and anxiety. Id like to know is there anyway that I can be expunged from paying for the classes that I had to drop out of until Im able to get a tutor on hand?
Submitted by on Dec 4, 2011 - 3:37PM
I live in Florida and have a problem with a son that lives in Virginia. Do you get involved in these types of cases?
Submitted by on Dec 4, 2011 - 4:27PM
my mother-in-law has been living with my husband and me for
2 1/2 yrs now - in the state of Maryland - the doctor said she could no longer live alone - my sister-in-law, her eldest child, has not gotten a POA - my mother-in-law's house has a reverse mortgage and her home is worth about half of the reverse mortgage and she has 60K in credit card debt, and an IRA worth 30K - my other sister-in-law handles the money and got the reverse mortgage almost 6 yrs ago and paid off a credit card debt of 50K - where do I go for advice? does my husband have any rights without the POA?
Submitted by on Dec 5, 2011 - 7:49AM
My granddaughter has beend dependent of the courts, placed for adoption by DCF. My brother opted to adopt because I, the natural grandmother of this child relationship is my daughter is the mother of the child. My daughter surrendered her rights to an adoption entity but wanted me to be able to continue being the Grandmother of my grandbaby. What has happened now is the adoption is not complete yet because the bio Dad has not surrendered his rights. My daughter is in prison. My question is can my daughter if she cleans up her life get her child back and can I have visitation with my granddaughter. Sorry to say I have a twisted family. It may sound like I am the bad guy, but I am the only one who made reports to DCF because my grandbaby was living with paternal grandmother and the parents including my daughter while being exposed to a filthy drug infested lifestyle. My family supposedly stepped in to help and agreed to let me continue to see my granddaughter. But my granddaughter is attached to me and my brother's wife felt that there could not be 2 mothers. If you could help me advise tell me anything I would appreciate it. I am not interested in making things worse; which is the reason I have not done anything. I do not know what to do that would not harm my grandbaby's existence. She has been through so much already. Thank you so much.
Submitted by on Dec 5, 2011 - 1:31PM
Hello-
i am an officer of a failing contracting firm. our accounts receivables are significantly impacting our ability to keep the doors open. we are in need of collection support to initiate liens against local government agencies who are extremely delayed in paying us. Are there pro bono attorneys who would follow Gods direction to help us in our time of need?
Thank you,
Joe Minaglia
Submitted by on Dec 5, 2011 - 6:56PM
My son's high school basketball got and job coaching at the college level the same year my son graduated high school. He promised my son a basketball scholarship at the college were he got the coaching job. He call me to having signing day that was televised on all the the local tv news sports stations. I took off work brought items such as t-shirts, hats, food, decorations and other expenses to celebrate this big day. He also ask me to purchase items for other one of his basketball signees in which with the promise that his would reimburse for all of my expenses. He his not pay me for my expenes and not only that he did not get my son the basketball scholarship and he lead my son and I on a wild goose chase with trying get him into that college and other JUCO thinking he had my son's best interest at heart costing me more than $2000.00 unexpected expenses. My son missed out on other basketball scholarship offer to him before he got that coaching job, waiting on his basketball coach who he played for all 4 years in high school and we trusted him to do the right thing for my son. Not only that he has cause my son, my mother and me unmeasureable grief miss leading us in such a way. Can I sue him for my unexpected expenses and pain and suffering? And if so, How can I calculate our pain and suffering?
Submitted by on Dec 11, 2011 - 2:26PM
RE: citigroup LIBOR mortgage
obtained interest only LIBOR loan jointly owned with ex husband in 2004.
cannot sell @value today,
Can citigroup holder of mortgage sweep a mutual fund of
assets to pay down if owner defaults on payments?
I had to show assets to obtain mortgage
I have 5% equity only a after 7 yrs on loan.
thank you
MS. Holland
Submitted by on Dec 19, 2011 - 6:09AM
I have filed a petition in family court for custody/visitation of my granddaughter, because of practices of my daughter, I see negligence, her health and safety and mental status are in jeopardy.
I hired and attorney and have been to court twice. The attorney at first said there was no problem in getting visitaion and maybe custody. Well the 1st court date was unfullfilling because my daughters attorney did not have time to read our 2nd petition. I did not get visitation.
The 2nd court date, 6 weeks later was the same. The other attorney and my daughter said no to visitaion and my attorney did not put up much of a fight and did not ask for a mental evaluation of my daughter. No visitaion again.
So now the trial is going to be set for possibly middle or so of Jan. they tell me and the burden is on me.
Also there is an open CPS investigation going on, but I cannot find out what is happening. I started the complaint on this.
I feel I should dump my attorney and handle my own case.
I don't have a great lot of faith in my attorney, at this
point.
I guess you can handle your own case? What is your conclusions on this.
Somehow something is wrong.
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