Getting Along with Your Lawyer
10/05
People hire attorneys for legal assistance in many types of matters. In many cases, it is a crisis of some sort that has led you to believe that an attorney's services would be required. It could be a death in the family, divorce, a criminal arrest, a personal injury or any number of other unfortunate incidents. Because attorneys are typically involved with dealing with clients' various problems, you want to make sure that your relationship with your attorney does not lead to additional problems.
The best way to get along with your attorney and ensure that no problems arise in your professional relationship is to make sure from the outset that you and your attorney are in full agreement regarding the scope of the representation. Before scheduling your initial consultation, you should ask your attorney if there is going to be a consultation fee. You have an absolute right to know what, if anything, you will be charged to meet with your attorney. During this initial consultation you should not be afraid to ask pertinent questions of your lawyer. You have a right to know (a) where he or she went to law school; (b) how long has your attorney been practicing; (c) does your attorney specialize in a particular legal field; (d) how many matters of your type has the attorney handled and what results were obtained; (e) what bar associations or professional organizations does the attorney belong to; and (f) what local charitable or civic organizations does the attorney belong to.
In New York State, attorneys are not required to have malpractice insurance. However, as a prospective client, you have a right to know whether your attorney's firm has this type of insurance. If malpractice is committed in the handling of your matter and your attorney is not insured, you may have little or no recourse against your attorney.
When hiring an attorney, it is always best to enter into a written retainer agreement. This retainer agreement should set forth the scope of the work, the initial retainer to be paid, whether the retainer must be replenished if it is depleted, and the hourly rate for seniore attorneys, associates and paralegals. The retainer should also spell out what out-of-pocket costs may be anticipated such as court filing fees, photocopies, express mail and postage.
You should discuss with your attorney the ground rules for communication. Some attorneys may use email and others may have certain times of the day when they take telephone calls. You should expect to receive a response to an inquiry within 24 hours. Just because your attorney may provide you with an email address, it does not mean that you should except an instant answer to your question. In many cases, your attorney may have to do research or make other telephone calls in order to respond to your inquiry.
In laying the ground rules with your attorney, particularly in any type of litigation matter, you should insist on monthly billing. The monthly bill will tell you what work was performed on your case and what expenses were incurred. It will tell you how much of your retainer was used or whether you owe additional legal fees. Litigation can be expensive and you have a right to know exactly where you stand in connection with legal fees. Most disagreements between lawyers and clients involve miscommunication regarding legal fees.
Your attorney has the responsiblity to capably and zealously advocate on your behalf. Your attorney must treat you in a professional manner and must preserve any confidences that you entrust to him or her. As the client, you have the ultimate decision making power regarding the objectives to be pursued in your case. You also have the absolute right to determine whether to settle a case.
As a client, you also have some responsibilities in the lawyer-client relationship. First and foremost, you must be truthful with your attorney and provide your attorney with all relevant information and documentation pertaining to your matter. You are also expected to pay all legal expenses earned by your attorney as well as all expenses that are covered in your retainer agreement. Treating people with dignity, respect and common courtesy is a two-way street; you should treat your attorney in this manner and expect it in return from your attorney.