|
STATEMENT OF CLIENT'S RIGHTS AND
RESPONSIBILITIES
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
non-refundable. 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 service 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, and may request that one or
more interest-bearing bank accounts be used. You also are
entitled to 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.
Receipt Acknowledged:
___________________________________
ATTORNEY'S SIGNATURE
___________________________________
CLIENT'S SIGNATURE
___________________________________
PRINT NAME
________________________________
DATE
[RETURN TO TOP OF PAGE]
|