Client's Bill of Rights
Lawyers are required to meet a code of high professional standards. As the client, you have certain rights under these professional standards. Your rights include the following:
Your Right to Confidentiality
If you talk to a lawyer to determine whether you want to hire the lawyer, or if you talk to a lawyer you have already hired, you have a right to confidentiality. This means that most of anything you say or show to the lawyer or a member of his or her staff cannot be revealed by the lawyer or the lawyer’s staff. These communications are called “privileged” - and do not include, of course, communications of anything that may become illegal (e.g., schemes of fraud, perjury, future crimes).
Your Right to Know If You Have a Case
Every lawyer you consult has a duty to advise you on the weaknesses and strengths of your case. The lawyer should advise you about his/her assessment of your case and what liabilities you might face if you were to lose your case. If you lose, you could, for example, have to pay some of your opponent’s costs and attorney’s fees. It is improper and impossible, however, for a lawyer to promise whether and how much you could win - too many factors, in every case, determine the outcome. And no lawyer can control and predict all of those factors.
Your Right to Know If Your Lawyer Feels Competent to Handle Your Case
When you interview a lawyer to determine whether you want to hire that lawyer, ask about his/her experience in handling your type of case, what kind of training he/she has, and whether the lawyer’s firm has any conflict of interest in handling your case. The lawyer is required to be honest and frank with you on these matters. And, the lawyer’s code of ethics requires the lawyer to refuse a case that the lawyer believes is frivolous or intended to intimidate or harass.
Your Right to Know about the Progress of Your Case
This is your case, and it’s important to you. You have a right to have your questions answered and your phone calls returned by your lawyer. Your lawyer must provide competent service to all of his/her clients - which means that he/she may not always have time to return your calls on the same day you call. You have the right to not be ignored by your attorney. If you want to see letters or other documents prepared in your case, you have a right to see them promptly.
Your Right to Make Decisions about Your Case
While your lawyer will make many decisions affecting the course of your case, your lawyer should consult with you from time-to-time about the progress of your case. Some decisions carry such importance that your lawyer is required to get your input and permission before acting. If the other side offers to settle your case, your lawyer must tell you of the offer and get your permission before rejecting or accepting such offers.
Your Right to Set Goals and Limits for Your Case
Since it’s your pocketbook and your interests at stake, you have the right to set goals and limits on your attorney’s responsibilities and duties in your case. Your lawyer has the same right. Thus, it is important that you discuss he goals of the legal work you want your lawyer to do before he/she begins.
Your Right to Have Your Funds and Property Kept Separately from the Lawyer’s
Lawyers are required to preserve their client’s property (including documents and securities you give to the lawyer) and return that property if fired by the client. If you advance money to your lawyer, your lawyer must keep those funds separate from his/her personal funds, not use those funds for personal purposes, keep strict records regarding those funds, and expend those funds only with your permission or prior authorization.
Your Right to Know Who Works on Your Case
Lawyers may refer some or all of their work to other law firm members. You have the right to know that. And, if the lawyer brings outside counsel to work with your case, or splits your fee with outside lawyers, you must first approve of that.
Your Right to an Attorney Free from Conflicts of Interest
The lawyer’s professional code of ethics prohibits a lawyer from representing you if he/she has any conflicts between your interests and those of other clients. For example, a lawyer may not represent both spouses in a divorce case. You have a right to know of any such conflicts and to consent knowingly to your lawyer’s representation of you if a conflict exists.
Your Right to Fair Treatment and a Fair Outcome
Our legal system provides procedures designed to give all parties a fair hearing of their claims and a fair outcome for their disputes. In many legal disputes, not every party will feel satisfied, and sometimes one party will lose. You have a right to have your lawyer competently and respectfully represent you and your interests in this legal process. Disagreements with your lawyer - including whether you win or lose - do not constitute misconduct if your lawyer has treated you with respect and honored your other rights listed above.
