WHAT TO EXPECT – GENERAL REMARKS

Experienced attorneys will always have their clients sign an engagement letter that outlines what responsibilities are being assumed by the lawyer, what the cost of services will be and the duties that allocated to the client. It is important to read the agreement carefully and be sure you understand the obligations being shouldered by the lawyer and those for which you are responsible.

It is important that a client and lawyer establish and maintain a working relationship that functions efficiently throughout the representation period. In order to achieve that objective, it is important that the client understand what responsibilities the law firm is assuming and what obligations the client will be expected to handle.

Obligations Of The Lawyer & The Client
Generally speaking, the law firm will have responsibility for:

1. Evaluating the client’s legal position with respect to the matters in dispute,
2. Offering legal advice concerning the alternatives available,
3. Mapping the general course of representation,
4. Determining the methodologies to be employed in pursuing the client’s objectives,
5. Advising the client concerning the alternatives available to resolve the lawsuit as the matter progresses.

In return for assuming the law firm’s responsibilities, the lawyer will expect the client to:

1. Provide complete and accurate information with respect to all matters,
2. Cooperate in implementing the course of action selected on behalf of the client
3. Refrain from conduct that renders it unreasonably difficult to pursue the client’s interests,
4. Refrain from requesting any course of action contrary to the lawyer’s advice or the applicable ethical standards
5. Comply with the terms of any court orders entered in the suit and the provisions of the employment agreement
6. Payment of the attorney’s fees, expenses and deposits related to the case.

The firm will be entitled to withdraw from representation of the client if the client fails to uphold his/her obligations.

In the event a client becomes dissatisfied with any aspect of his/her legal representation, then the client should notify the lawyer immediately. Any termination of the attorney-client relationship, should be done in writing along with payment of any outstanding balance due on the account.

Resolution Of Case
No guarantees concerning the course and resolution of a matter can be made. Each case situation and the parties involved in it are unique. Further, it is not possible to control the actions of the other persons with interests in the suit and the approach undertaken by those parties can dramatically affect the client’s position. Therefore, the lawyer will endeavor to keep the client informed as to the status of the case but it is usually not possible to accurately predict the specific manner in which the case will evolve or the time necessary to conclude the matter.

Under certain circumstances it is possible to recover a judgment against an adverse party for part or all of the attorney’s fees and expenses incurred in a case. In other instances it is possible to obtain an agreement from an adverse party for payment of such costs. Nevertheless, the lawyer must always look to his/her client for payment of the attorney’s fees and expenses incurred in the suit. However, any payment made by an adverse party will be credited to the account balance owed by the client.

Confidential Communications
All communications between the client and the lawyer are confidential and are protected by law. In order to effectively evaluate a party’s position and represent his/her interests, it is critical that the law firm receive complete information with absolute candor. It is also important to keep that in mind the client can expect the legal staff to be candid with the client.

During the course of the case, there may well be difficult decisions to be made. Although it is the attorney’s responsibility to advise the client about the legal ramifications of the decisions, in the final analysis, the decisions must be made by the client.