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| Client's Bill of Rights |
Attorneys are licensed professionals whose conduct is governed by the Lawyer's Code of Professional Responsibility. Lawyers are required to maintain high professional standards. Under these standards, clients are guaranteed certain rights.
Courteous and Respectful Treatment
The client is entitled to courteous and respectful treatment by his/her attorney and all personnel in the attorney's office.
Full Fee Disclosure
The attorney is entitled to the full disclosure of the attorney's fee. Many attorneys do not charge for an initial consultation. There are various fee arrangements if the attorney agrees to take the client's case. In such case, there is a contractual relationship between the attorney and the client. The attorney may charge a flat fee for handling routine legal matters such as a simple will or an uncontested divorce. Hourly fees can vary depending upon the attorney's experience and expertise in a particular area of law. Contingent fees mean that the attorney gets a percentage of any recovery the client receives. Contingent fee agreements have to be in writing.
Competence
The client is entitled to competent representation by the attorney. Competency requires both intelligence and experience on the part of the attorney. There are ethical rules that prohibit an attorney from taking a case that is frivolous (lacks merit) or is intended to harass another person.
Confidentiality
The attorney-client privilege means that generally the attorney (and all personnel in the attorney's office) cannot reveal confidential information the client conveys to the attorney in the course of representation or when seeking representation.
Loyalty
The client is entitled to the attorney's loyalty. The attorney cannot represent a client if such representation would conflict with the attorney's representation of other clients. The Code of Professional Responsibility prohibits simultaneous representation of clients with directly conflicting interests. In addition, a conflict generally arises if the representation of a new client is in a matter adverse to a former client and if the subject matter is substantially related to the subject matter of the prior representation. In such cases, the attorney should only undertake representation if both parties given informed written consent to the representation.
Regular Updates and Prompt Attention
The client is entitled to regular updates on the status of his/her legal matter. The attorney should promptly respond to the client's questions and phone calls.
Client Funds
The attorney is required to keep client money and escrow funds in a separate attorney trust account. The attorney cannot use such funds without the client's permission or unless he/she has earned the money. The attorney is also required to segregate and secure any tangible client property. The attorney has an obligation to promptly return any money or property to the client if the attorney is dismissed from the case or if the case ends.
Attorney Misconduct
Clients have a right to file a complaint with the state bar for alleged attorney misconduct.
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