Law Office of Arkady Itkin 

Many clients are not aware of their most fundamental rights when being represented by an attorney and what duties attorneys owe to their clients as a matter of law and the code of ethics. This lack of knowing your rights and your lawyer’s duties in an attorney-client relationship can hurt you as a client but not allowing you to fully enjoy the benefits of legal representation and knowing what protections you, as a client are entitled to. Here are a few basic yet very important rights that you have as a client when retaining and attorney and attorney’s duties to you as a client:

1. Attorney’s duty to communicate - your lawyer must keep you reasonably informed of any developments that are taking place in your case. Your attorney must also be prompt it returning your communication (phone calls, e-mails and letters).

2. Attorney-Client Privilege / Duty of Confidentiality. Your attorney has a duty to keep all communications (verbal, in writing or otherwise) confidential and not reveal your confidences. A communication is confidential if it is made in a course of your professional relationship with an attorney regarding your case with the expectation that that communication will remain private.

3. The right to terminate / change attorneys. This is one of the most important rights that you have as a client and the one that so many people are not aware of having. You are entitled to terminate your relationship with an attorney and represent yourself (in pro per) or hire alternate counsel at any time you want. Should you terminate your relationship with an attorney, he / she must forward your entire file to your or your new attorney promptly. Similarly, your attorney can stop representing you at any time before litigation ensued by notifying you in writing, or for “good cause” if the lawsuit was filed and your rights will be prejudiced if your attorney abandons your case without allowing for sufficient time for you to obtain new counsel.

4. The right to a detailed billing statement for legal services from your attorney. As a client, you are entitled to receiving a detailed bill with the full breakdown of the costs and fees that attorney is charging you. The bill should include the time spent by your attorney on each task performed and what that task involved. In other words, you are definitely entitled to a greater detail than “3 hours - legal services” breakdown. A an example of a proper billing language that will make you feel more comfortable and will make your attorney less likely to be incorrect in his calculation of his fees is something like this: “12 minutes - a conversation with opposing counsel regarding responses to discovery. Agreed to an extension of 2 weeks to respond to interrogatories.”

5. The right to make ultimate decisions in a case. It is important that your remember that your attorney’s job is not to make decisions in your case but advise you on what course of action to take considering all the facts and circumstances of your case / situation. An attorney cannot and must not decide how much money he should settle your case for, whether he should dismiss the case, agree or disagree to go to trial and alike. An attorney must advise you of the relevant options you have at any given stage in the case, inform you of advantage and risks associated with any step you might be taking, recommend you the best course of action in your attorney’s professional opinion and then expect your final say as to what will be done in your case.

* Finally, before you decide to hire an attorney, do not forget to check that he is who he actually says he is. Many “fake” attorneys, suspended attorneys, and paralegals have been caught and prosecuted for unauthorized practice of law during the past few years. Make sure you are dealing with an actual attorney who is licensed to practice law in California. This is easy - just go to http://members.calbar.ca.gov/search/member.aspx , plug the name of your attorney and you will be able to see his contact information, brief biography, bar membership status and history of misconduct, if any.

There are thousands of lawyers in California who seem to have a similar education, licensing and specialization and yet the experience that different clients have with their attorneys is so different from one another.

So, how do you know that your attorney is the one who will provide you with quality legal representation:

1. Your attorney is not overconfident in the outcome of your case. No matter how experienced and seasoned the lawyer is, he cannot and should never be sure of the outcome of your case. There are so many facts and circumstances that might come into play as the case develops and the nature of our legal system is such that there is simply no way to know for sure whether you will win or lose and if you win - how much exactly you will recover from the other side.

A responsible legal professional will assure you that he will do the best he can to represent you as aggressively as possible but he will not make any promises as to how much you will recover and how long exactly the process will take.

2. A good attorney should not act like a pushy salesman. He shouldn’t shove papers underneath your hand for your signature telling you that “it’s ok and you have nothing to worry about.” Instead, he should explain to you in plain and understandable terms what you are signing, why it is necessary and what the consequences of your executing that document are. For instance, a good attorney will go over your services contract with him paragraph by paragraph, making sure that you understand what the scope and the limitations of the legal services you will be provided with.

A good attorney will also advise you that you are free to terminate your agreement at any time and seek alternate counsel and hire a different attorney of your choice at any time.

A good attorney is patient with his clients and makes sure that you have a general understanding of the process, and he doesn’t make you feel unwelcome or like you are wasting his time.

3. A good lawyer is capable of keeping in touch with you in a way that makes you feel that your case gets the attention it requires. An attorney has a duty to communicate with his client on a consistent basis. One of the most common complaints reported to the California State Bar by clients is that attorney fail to communicate and return phone calls / e-mails and letters from their clients. Being ignored is a frustrating experience in any setting - professionally, socially and especially when it comes to dealing with a lawyer. Litigation process is stressful enough and raises many questions or concerns in a client as the case develops that need to be addressed promptly. A good attorney is not “too busy” to return your calls and he keeps you informed of the developments of your case.

4. A good attorney will advise you not only how to prosecute your case but whether or not it is worth your time, money, energy and emotions to actually go after it. Not every fight is worth fighting and sometimes it is a better idea to walk away for your own benefit even if the other side gets away and isn’t held liable. An honest attorney will not make you fight a case just to charge you an hourly fee. He truly does work in the best interests of his clients by not only pursuing their legal rights but also advising them whether or not it’s prudent to pursue a case altogether.

5. A good lawyer is not too busy to handle your case. A competent lawyer will not take on more work than he can handle in a quality manner. A good attorney will not sacrifice the quality of his services for the sheer volume of the business because he realizes that his reputation and concern for his existing clients’ cases is his priority.

6. Lastly, your attorney doesn’t come across as a “typical” lawyer. A great attorney defies the stereotypes that are commonly associated with the legal profession - arrogance, greed and flamboyance, and substance abuse. He is friendly, personable and charismatic and you actually enjoy working with him / her.

The members of legal profession have been suffering from the reputation of being arrogant, greedy, and materialistic for many generations. This long-standing stereotype is not without basis.  I keep hearing from different people and my new clients about their negative experiences interacting with attorneys. “Arrogant, pompous, condescending, flamboyant” are the common terms that they describe the lawyers they know or had to work with.

I am not sure if it’s greed, insecurity or the desire for that missing validation from the outside that are behind that behavior. The astounding fact, however, is that so many of those attorneys believe that showing their “status” is beneficial to their work and their career. Nothing could be further from truth! Litigation process is intimidating enough. The last thing that a client needs is dealing with someone who makes it even more unpleasant and stressful. A lawyer is a fiduciary of his client. This is a very special relationship, during which a client has to disclose a lot of personal, confidential information about himself and his business. This is exactly why it is so crucial that an attorney treats his clients in as personable manner as possible without putting up walls.  One of the very important roles of an attorney is making his client feel comfortable, open, and honest about his problems and goals. When a client feels comfortable relating and disclosing every little facts and circumstance of his case, it will be of tremendous benefit and value to his legal representation. When your attorney knows the facts of your case in just as great of a detail as you do, he will be able to represent you in the most effective and zealous way.  This cannot be possibly achieved if the client is intimidated by his attorney, or feels rushed or unwelcome when talking to his lawyer.

One of my recent clients left her previous attorney for this exact reason. Every time she talked to him, on those rare occasions when she managed to actually get a hold of him, she experienced anxiety and feelings of inferiority as if her attorney was smarter than she was. When I called him to discuss the case, I knew immediately what my new client was talking about. Even I felt “pushed” when talking to him. The only difference is that I, of course, know how to handle the “type” and put him/her back in their place.

So, if you are intimidated by your attorney and you don’t feel comfortable sharing with him some of the personal information about you which could be relevant to your case, you are not the right fit for each other, and you are better off exercising your absolute right to be represented by a different lawyer. Arkady Itkin, Esq.