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Your attorney is providing you with this document to inform you of what
you, as a client, are entitled to by law or by custom. To help prevent any
misunderstanding between you and your attorney, please read this
document carefully.
If you have any questions about these rights, or about the way your case is
being handled, do not hesitate to ask your attorney. He or she should be
readily available to represent your best interests and keep you informed
about your case.
An attorney may not refuse to represent you on the basis of race, creed,
color, sex, sexual orientation, age, national origin or disability.
You are entitled to an attorney who will be capable of handling your case;
show you courtesy and consideration at all times; represent you zealously;
and preserve your confidence and secrets that are revealed in the course of
the relationship.
You are entitled to a written retainer agreement which must set forth, in
plain language, the nature of the relationship and details of the fee
arrangement. At your request, and before you sign the agreement, you
are entitled to have your attorney clarify in writing any of its terms, or
include additional provisions.
You are entitled to fully understand the proposed rates and retainer fee
before you sign a retainer agreement, as in any other contract.
You may refuse to enter into any fee arrangement that you find
unsatisfactory.
Your attorney may not request a fee that is contingent on the securing of
a divorce or on the amount of money or property that may be obtained.
Your attorney may not request a retainer fee that is nonrefundable. That
is, should you discharge your attorney, or should your attorney withdraw
from the case, before the retainer is used up, he or she is entitled to be paid
commensurate with the work performed on your case and any expenses,
but mustreturn the balance of the retainer to you. However, your attorney
may enter into a minimum fee arrangement with you that provides for the
payment of a specific amount below which the fee will not fall based upon
the handling of the case to its conclusion.
You are entitled to know the approximate number of attorneys and other
legal staff members who will be working on your case at any given time and
what you will be charged for the services of each.
You are entitled to know in advance how you will be asked to pay legal fees
and expenses, and how the retainer, if any, will be spent.
At your request, and after your attorney has had a reasonable opportunity
to investigate your case, you are entitled to be given an estimate of
approximate future costs of your case, which estimate shall be made in good
faith but may be subject to change due to facts and circumstances affecting
the case.
You are entitled to receive a written, itemized bill on a regular basis, at
least every 60 days.
You are expected to review the itemized bills sent by counsel, and to raise
any objections or errors in a timely manner. Time spent in discussion or
explanation of bills will not be charged to you.
You are expected to be truthful in all discussions with your attorney, and
to provide all relevant information and documentation to enable him or her
to competently prepare your case.
You are entitled to be kept informed of the status of your case, and to be
provided with copies of correspondence and documents prepared on your
behalf or received from the court or your adversary.
You have the right to be present in court at the time that conferences
are held.
You are entitled to make the ultimate decision on the objectives to be
pursued in your case, and to make the final decision regarding the
settlement of your case.
Your attorney's written retainer agreement must specify under what
circumstances he or she might seek to withdraw as your attorney for
nonpayment of legal fees. If an action or proceeding is pending, the
court may give your attorney a "charging lien", which entitles your attorney
to payment of services already rendered at the end of the case out of the
proceeds of the final order of judgment.
You are under no legal obligation to sign a confession of judgment or
promissory note, or to agree to a lien or mortgage on your home to cover
legal fees. Your attorney's written retainer agreement must specify
whether, and under what circumstances, such security may be requested.
In no event may such security interest be obtained by your attorney without
prior court approval and notice to your adversary. An attorney's security
interest in the marital residence cannot be foreclosed against you.
You are entitled to have your attorney's best efforts exerted on your behalf,
but no particular results can be guaranteed.
If you entrust money with an attorney for an escrow deposit in your case, the
attorney must safeguard the escrow in a special bank account. You are
entitled to a written escrow agreement, and may request that one or more
interest-bearing bank accounts be used. You are also entitled to a written
receipt, and a complete record concerning the escrow. When the terms of the
escrow agreement have been performed, the attorney must promptly make
payment of the escrow to all persons who are entitled to it.
In the event of a fee dispute, you may have the right to seek arbitration.
Your attorney will provide you with the necessary information regarding
arbitration in the event of a fee dispute, or upon your request. |
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