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 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, 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.