LAW OFFICE OF D.L. DRAIN, P.A.

1702 W. Camelback, Suite 264

 Phoenix, AZ 85015

Phone: 602.246.7106

Fax: 602.249.1969

E-mail: DDrain@DianeDrain.com

 
   


   
 

 


CLIENT BILL OF RIGHTS
(with thanks to the State Bar of Montana for this article)

 



Preamble. Your relationship with your lawyer is governed both by the agreement you make with the lawyer and by the laws and rules that govern the lawyer's conduct. Those laws and rules give you rights that you should know about before you agree to retain an attorney.

1. Before you retain a lawyer to represent you, you have a right to:

  • Know about the lawyer's education, training and experience.

  • Receive an estimate of the costs and fees the lawyer expects to incur in representing you. You should recognize that some legal matters become more complicated and expensive than originally anticipated.

  • Understand the possible consequences of the representation, including, for example, adverse consequences that may result if litigation is unsuccessful.

  • Know whether the lawyer has previously represented any adverse parties (anyone who is or may be on the other side, this may include potential witnesses).

  • Discuss and bargain about the proposed fee and the rate or percentage of the fee.

  • Know if the lawyer carries malpractice insurance.

2. At the time you retain a lawyer, you have a right to:

  • In writing, agree on the services to be provided and the fees to be charged. If you agree on a contingent fee, the fee percentage should be stated. If you agree to fees based on hourly or other unit rates, the rate should be stated.

  • Direct the objectives of the representation, unless the objectives are illegal or unethical

3. When a lawyer is representing you, you have a right to:

  • Be represented competently.

  • Be represented zealously, but honestly and with respect for the rights of others and the orderly administration of justice.

  • Receive from your lawyer information about the representation and copies of documents prepared on your behalf.

  • Ask about the progress of the case at reasonable intervals.

  • Demand reasonable diligence and promptness by your lawyer.

  • Expect your lawyer to explain matters so you can make informed decisions about the representation.

  • Be consulted on the means your lawyer will use in representing you.

  • Learn about and explore methods other than litigation for resolving your disputes, including mediation, arbitration and conciliation.

  • In a civil matter, decide whether to accept an offer of settlement.

  • In a criminal matter, decide what plea to enter, whether to waive a jury trial, and whether you will testify.

  • Demand that your lawyer exercise independent professional judgment on your behalf, free from compromising influences.

  • Receive a statement showing the work performed by your lawyer and the costs incurred before you pay any bill.

  • Be referred to other counsel if your lawyer cannot represent you properly and have a free copy of your file provided to new counsel.

4. At any time after you have consulted a lawyer, you have a right to:

  • Expect the lawyer to preserve your confidences, secrets, and statements revealed during the consultation.

  • Expect the lawyer to be courteous and considerate.

  • Seek a second opinion with the consent of your present counsel and the knowledge of your representation provided to those you contact.

You Do Not Have a Right To:

  1. Ask your lawyer to violate the law, act unethically, take unreasonable or arbitrary positions against your lawyer's professional judgment, or do anything repugnant to your lawyer's own sense of honor and propriety.

  2. Demand that your lawyer endorse your political, economic, social or moral views or activities.

How you can Hold Down Your Legal Fees.

  1. Before you visit the lawyer, gather all papers related to the case and write down all facts you can recall and the names, addresses and telephone numbers of all persons involved.

  2. Be as accurate as you can. Disclose the facts fully and honestly, good and bad.

  3. Get legal advice early, before signing documents or taking legal action. It is less difficult and less expensive to prevent a problem than to fix it.

  4. Avoid unnecessary telephone calls to your lawyer, but be sure to call to provide any significant information you acquire since you last spoke to your lawyer.

  5. Ask how much legal action will cost, and if you cannot recover those costs through litigation, explore methods other than litigation, or abandon the claim.

           

 

DISCLAIMER This site is not intended to be advertising and the Law Office of D.L. Drain, P.A. and the attorneys employed by that firm do not seek to represent anyone in a state where this site may fail to comply with all laws and ethical rules of that state.  The information provided in this web site is for general information purposes only. All the documents, forms and information on these web pages are generic in nature and must not be regarded as legal advice. The law changes periodically and we make no representations that any of the information is accurate. You are not to make any inference from this website that our firm represents you or would be able to represent you; or that the information contained herein applies to your specific circumstances. You must seek legal counsel to ascertain your rights and obligations.

 

 

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