When you hire a personal injury attorney for representation, that attorney is bound by stringent standards of professional liability and responsibility. These rules define the attorney client relationship we will discuss below.
The attorney is required to act in your best interests and maintain confidentiality in all communications. If a lawyer violates these rules, they can be disciplined or even be brought up on charges of legal malpractice.
Clients also have a several responsibilities to their lawyer.
Attorney Client Relationship Responsibilities
Each state has its own rules of ethics for attorneys, known as the rules of professional conduct. When attorneys do not live up to their code of conduct, the state can take disciplinary action against them, within a spectrum of possible actions. They may receive a simple warning for their actions, but ramifications may be as serious as losing their license to practice law – known as disbarment.
Although the rules may vary from state to state, there are some basics which apply to all attorneys in the United States. An attorney must:
- provide competent, zealous and legal representation
- maintain confidentiality, except for rare occasions with specific parameters
- maintain timely and effective communication
- keep their clients informed of developments
- gain approval before agreeing to a settlement or resolution on your behalf
- avoid conflicts of interest regarding who they represent
- maintain a client’s personal funds in an escrow account, separate from attorney personal funds, or other client’s funds
- return money or property upon request
- produce and hand over client files upon request
If the attorney acts illegally, they can be prosecuted criminally. Further, if the attorney’s actions resulted in a lost case or financial loss, the client can sue for legal malpractice.
Attorney-Client Privilege
When you have a consultation with an attorney about a legal issue, your private communications are protected by the attorney-client privilege. Your attorney is not allowed by law to reveal any disclosed confidential information, unless express permission is given by the client. With the exception of some strictly limited scenarios, a court of law can’t compel your attorney to reveal the content of your discussions.
However, the privilege does not extend to communications referring to committing a crime or an act of fraud. (known as the “crime-fraud exception.”) As an example, if a client clearly states he is going to hurt someone, the attorney can alert the authorities. The rule typically won’t apply to discussions of prior criminal acts, unless the purpose of the discussion is to cover up the criminal action.
Client Responsibilities
If a client signs a retainer agreement upon hiring a lawyer, it may include specific client responsibilities. Responsibilities are often implied, even if the client didn’t expressly agree to them, outlined in a retainer agreement.
Because this retainer is a contract, clients are legally bound by its terms. In general, these include:
- Being truthful with your attorney
- Cooperating with your attorney and promptly responding to requests for information
- Attending scheduled meetings and legal proceedings, including depositions or arbitrations
- Being polite with the legal team
- Not asking your attorney to do anything unethical, immoral or illegal
- Paying your legal bills on time
If you are working with an attorney in any capacity, be sure to ask about and clarify the rules which govern your attorney client relationship.
Probinsky and Cole are experienced personal injury and immigration attorneys with offices in Sarasota, Orlando and Tampa. We handle all types of cases which affect South Florida residents every day.
