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Your five fundamental rights as a client when working with a lawyer!

3/9/2008

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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.

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Law Office of Arkady Itkin - San Francisco & Sacramento Injury and Employment Lawyer
We represent employees and employers in employment and wrongful termination cases, as well as victims of serious injuries in San Francisco, Oakland, Sacramento, San Jose, Palo Alto, San Mateo and throughout Northern California. We all represent businesses and start-ups in a wide range of business and employment issues and disputes. 


57 Post Street, Suite 812, San Francisco, CA 94104; Tel. (415) 295-4730; Fax. (415) 508-3474; [email protected]
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  • Home
  • Employment Law
    • Wrongful Termination >
      • At-Will Employment
      • Termination After Unfair Warnings and Write-Ups
      • Union Grievance, Workers Comp and Wrongful Termination
      • Labor Code 970 Claims
      • Promissory Estoppel and Employment Contracts
      • Implied Contract Claims
    • Discrimination >
      • Proving Discrimination
      • Age Discrimination
      • Disability Discrimination >
        • Protected Disabilities
        • Medical Leave / Disability Accommodations
        • Job Reassignment As A Disability Accommodation
        • SSI Disability Benefits and Your Court Case
        • Sample Request for Reasonable Accommodation
      • Pregnancy Discrimination
      • Race Discrimination
      • Sample Discrimination Complaint
      • DFEH and EEOC Investigations
    • Retaliation >
      • How to Prove Retaliation
      • Dealing with Retaliation While Still Employed
      • Retaliation for Complaining
      • Whistleblower Retaliation
    • Harassment
    • Defamation at Workplace
    • Prof. License Defense
    • Leaves of Absence >
      • Medical Leave as Reasonable Accommodation
      • FMLA Entitlement and Reinstatement to Work
      • CFRA Leave
      • Employers' FMLA Notice Obligations
      • Paternity Leave (FMLA)
      • Sample FMLA Leave Request
    • Wages / Overtime Claims >
      • Wage Claims
      • Employee or Contractor
      • Exempt / Non-Exempt >
        • Admistrative Exemption
        • IT Support Specialists Compensation
        • Computer Professional Exemption from Overtime
        • Recruiters / Account Executives Exemption
        • Complaining About Being Misclassified
      • Vacation Pay / PTO
      • On-Call Time Compensation
      • Deductions fr. Commissions
    • Unempl. Benefits Appeals >
      • Tips for EDD Phone Interview
      • Unemployment Benefits Appeal Hearing Representation
      • CUIAB Hearing Tips
    • Employment Law Blog
    • For Employers
  • Personal Injury
    • Five Tips For Injury Cases
    • Slip-and-Fall Injuries
    • Assault and Battery
    • Recorded Statements
    • Repairing Your Vehicle
    • Unpaid Medical Bills
    • Injury Law Blog
    • Medical Malpractice
    • Police Excessive Force
  • Practice Areas
  • About
  • Results
  • Submit Case
  • Contact
  • Resources
    • Consultations
    • Workplace Rights Checklist
    • Deposition Tips
    • Mediation Tips
    • Effective Mediator
    • Suing Current Employer
    • Severance Agreements
    • Workplace Investigation
    • Arbitration
    • Statutes of Limitations
    • Healthy Litigation Mindset
    • Trial Tips
    • Working Remotely
    • How To Find The Right Lawyer For Your Case