|
Lawyer and Responsibilities
Every lawyer is subject to strict standards of professional responsibility. These standards are set forth in codes of conduct and Privileges, ethics, rules of professional conduct that are established by state bar associations. Even though there are some differences of rules between states, there are some common basic ethical and professional rules your lawyer.
These basic rules consists representing you ethically within the bounds of the law, competently analyzing legal issues and exercise knowledge of the law applicable to your case, communicating with you in a timely and effective manner, being loyal, following your directions in handling your case unless those directions are illegal, keeping client confidences confidential. The last point is often subject to discrepancies and mistakes. Except in a few cases, when you speak with an attorney about a legal matter, your communications with that attorney are privileged. This means that your conversations are subject to confidential. Indeed unless you give permission, your attorney cannot disclose any information you provide to a third party.
Depending on your case and the ethical rules that apply in your jurisdiction, your lawyer may have other responsibilities to you. But you should make sure that he or she respects already these basic rules. If a lawyer fails to abide by these rules, he or she can be sanctioned by a bar association of which he or she is a member. The lawyer may even be disbarred for serious violations. Criminal prosecution is also a possibility. And a failure to comply with the rules may be the basis for a malpractice action.
The lawyer is not the only one to have responsibilities. In a lawyer client relationship there are two different people. As a client you have also responsibilities to your legal representative. First look at the retainer agreement that you may have signed when your hired your lawyer. Typically, these agreements will set out certain duties and responsibilities of the client. By signing the agreement, you are contractually bound to abide by them. Normally you should find some basic rules including being truthful with your lawyer, being cooperative with and responsive to your lawyer, being available to your lawyer and attending legal proceedings as he may requested, and eventually paying your legal bills in a timely manner
These duties and responsibilities of a client are pretty common sense, so they may be implied even without a retainer agreement that expressly reduces them to writing. Regardless, a failure to abide by them may result in a lawyer deciding to terminate your case. In some cases your lawyer can bring you in the courts for failing to abide at these rules.
|