What to Do if Your Attorney Doesnt Comply with Professional Obligations

Fri, 07 Nov 2008 00:09:49 GMT

Lawyers have certain obligations to their clients. If a lawyer does not fulfill those obligations then a client might be able to seek recourse for the lawyer’s behavior. Therefore, it is important for clients to understand what their lawyers’ obligations are and what they can do if those obligations are not met.

The American Bar Association (ABA) has set forth Model Rules of Professional Responsibility. Since many states use the ABA’s model rules to fashion their own professional rules for attorneys, the information used in this article is based on the ABA’s model rules. It is important to check with your state’s attorney regulatory board (such as the Board of Bar Overseers) to determine the particular professional rules for attorneys in your state.

The Attorney’s Responsibility to a Client

An attorney has the responsibility to provide competent representation to each client. That means that the attorney must have the legal knowledge and skill to represent the client in a particular matter and be thorough in his or her legal preparation. The attorney’s fees must be reasonable as determined by the factors set forth in the Rules of Professional Responsibility.

An attorney must act with reasonable diligence and promptness when representing a client. To that end, the attorney must be careful not to have a conflict of interest in the matter or with clients. Further, the lawyer must consult with and reasonably inform the client of information related to the legal matter at hand.

An attorney also has the responsibility to abide by the client’s wishes and decisions about the case. For example, an attorney must abide by a client’s desire to agree to a civil settlement or plea bargain agreement. Also, in most circumstances, the attorney must keep client information confidential.

What is Reasonable?

Most of the Rules of Professional Conduct use a reasonableness standard in order to determine if an attorney’s conduct is appropriate. Since an attorney is a professional, the question would be one of reasonableness for other professional attorneys. So, would another attorney acting under the same circumstances and complying with all applicable rules of professional conduct and applying the requisite knowledge and skill to the matter have done the same thing?

How to Proceed with a Disciplinary Complaint

A client, who believes that an attorney violated his or her ethical obligations, can file a disciplinary complaint against the attorney with the state bar disciplinary committee. Typically, this involves a hearing on the client’s complaint. The board has the power to issue public or private reprimands and to temporarily or permanently revoke a person’s license to practice law in that jurisdiction.

Clients also have the right to pursue legal malpractice claims in court. If a client successfully proves that a lawyer was negligent or guilty of misconduct and that the client suffered monetary damages as a result then the client may recover those damages in a professional malpractice lawsuit.

In most jurisdictions, attorneys are required to take and pass a Professional Responsibility Exam prior to being admitted to the bar. Upon admittance to the bar, attorneys agree to comply with the ethical requirements of their jurisdiction. Most attorneys uphold that promise. However, as with every profession, some people do not uphold that promise and clients may seek recourse accordingly.

Can My Attorney Quit?

Fri, 07 Nov 2008 00:05:02 GMT

There is a certain degree of trust and personal information that a client shares with an attorney that makes the attorney hard to replace. The sensitive information that is shared and discussed makes it hard to start over with a different legal counselor just as it is difficult to do with a mental health counselor. Yet, while it is ideal when the same attorney can represent a client from the beginning to the conclusion of a legal matter, it is not always possible.

The seriousness of terminating an attorney client relationship prior to the resolution of the legal matter has led the American Bar Association (ABA) to develop guidelines for attorneys to use if they must terminate the relationship while a matter is pending. Those guidelines are found in the Model Rules of Professional Responsibility which have been substantially adopted in many jurisdictions.

The Model Rules explain specific situations when an attorney may terminate an attorney client relationship prior to the resolution of a legal matter. Generally, the rules allow an attorney to withdraw if the withdrawal will not produce a material adverse effect on the client’s interests or if good cause for the termination exists.

However, there are certain situations when an attorney may withdraw from a case even if it is detrimental to the client’s interests. For example, if the attorney has knowledge that the client is going to do something criminal or fraudulent and the attorney has advised the client not to do the criminal or fraudulent act but the client insists on proceeding with such act then the attorney may withdraw from the case without consideration to the client’s interests. An attorney may also withdraw if a client insists on taking an action that the attorney finds repugnant or with which the attorney has a fundamental disagreement. Similarly, the attorney may withdraw if the client has used the lawyer’s services to commit a crime or a fraud.

It is not enough that the attorney disagree with the client in order to withdraw for one of the reasons described above. The client must be acting in a criminal or morally repugnant way or in a way with which the attorney fundamentally disagrees. These exceptions exist so that the attorney can continue to uphold the law by refusing to be involved in criminal activity and so that the attorney can provide adequate representation. If the attorney fundamentally disagrees with the client then it is unlikely that the attorney can provide zealous representation.

An attorney may also withdraw from a case if the client fails to pay the attorney and the attorney has given reasonable warning that the attorney will withdraw unless payment is received. Further, if the client proves unreasonably difficult or refuses to cooperate then the attorney may withdraw from the case.

If an attorney withdraws from a case, he or she must follow the notice of withdrawal rules established by the state courts in his or her jurisdiction. A court may refuse an attorney’s request to withdraw from the case and order the attorney to continue representing the client.

The law and the rules of professional responsibility encourage attorneys to work with clients until the completion of their legal matter. However, the rules also recognize that sometimes it is not in the client’s best interest to require the attorney to do so. Therefore, while the presumption is that a client will work with an attorney until the resolution of his or her legal matter, there are situations when a new attorney should be retained.

Ending An Attorney Client Relationship

Fri, 07 Nov 2008 00:07:59 GMT

As with any professional that you hire, there may come a time when you want to fire your attorney. You may feel, for instance, that your attorney is not acting in your best interests and that you might have a better outcome in your legal matter if you were working with a different attorney.

Can You Fire Your Attorney?

As a general rule, you may fire your attorney and hire a new one to work for you, just as you would do with other professionals such as doctors and electricians. You have the right to pay the attorney of your choice to represent you in a legal matter. If the attorney that you are working with is not meeting your needs or your expectations then you can usually fire that attorney.

While, in many cases, you can terminate your relationship with your attorney and hire another it is not always as easy as ending a relationship with a plumber, accountant or another professional. Some courts will not allow a client to fire an attorney close to the beginning of trial absent extraordinary circumstances. This is to avoid the unnecessary delay in the trial date that would certainly result if a new attorney were to take over close to the beginning of trial. For that reason, it is important to think about whether or not you want to continue with your attorney well before the trial date.

Some jurisdictions allow an attorney to hold on to a client’s file until the attorney has been paid in full for his or her services. Other jurisdictions do not put such a limitation on a client’s choice of representation and require the attorney to forward the file to the client’s new attorney once the first attorney receives notification that a new attorney has been retained. However, it is important to remember that the client is responsible for any outstanding bills to the existing attorney regardless of whether or not the first attorney forwards the legal file or new counsel has been retained.

How to Fire Your Attorney

It is important that your attorney clearly understand your intention to terminate his or her services. There are two ways that you can make your intentions clear and erase any chance of confusion. First, you can hire a new attorney and ask the new attorney to contact the former attorney and inform the former attorney of his or her termination. Second, you can write a letter to the attorney informing the attorney that you are terminating the attorney client relationship.

It is important to remember that in most cases an individual hires an attorney for a single legal matter. Therefore, if you use an attorney to handle your divorce you are not barred from using another attorney to draft your will or to represent you in a real estate transaction. You do not have to give the first attorney notice that you are using another attorney for another proceeding.

A client must be confident in his or her attorney’s legal skills and zealous advocacy. If either is doubted then it is usually time to look for another attorney who can provide the legal services necessary to ensure a positive outcome.

Hiring an Out of State Attorney

Fri, 07 Nov 2008 00:06:45 GMT

There are some situations when a person might want to use an attorney who is not licensed in the state where the person’s legal issues are being addressed. Often this situation arises when we want to purchase or sell property or when we face legal issues in a state other than that of our primary residence.

License to Practice Law

As a general rule, an attorney needs to be admitted to practice in the state in which he or she is representing an individual. That is true whether the attorney is negotiating a contract, representing someone in court or representing someone in a real estate transaction.

Exceptions to the General Requirement for State Bar Admission

However, there are exceptions to that rule in many jurisdictions. Some states will grant limited law licenses to attorneys who are licensed to practice law in another state. For example, some states will allow attorneys from other states to practice law as legal services attorneys. These attorneys typically work in public defender offices or for legal aid services.

Some states also allow exceptions for in house counsel. If a corporation wishes to hire a licensed attorney from another state to represent their interests as in house counsel and that attorney will be working solely for that corporation then some states will grant an exception to the law license requirement.

For This One Case

It is possible for an attorney to represent a client in court without qualifying for an exception to the bar admission requirement for a particular state. Some states allow an attorney to represent a client “pro hac vice” or “for this one case.”

In order to be admitted pro hac vice, the attorney must be licensed in another state and petition the court to represent a client in a particular matter. The court has discretion to grant the petition, to deny the petition or to grant the petition with qualifications. For example, the court may require that the attorney who is admitted pro hac vice work together with in state counsel. The assumption is that the local attorney is familiar with local rules and state law and that is a benefit to the client.

Full State Licensure Without the Bar Exam

Further, there are ways for attorneys who are licensed in one state to gain admission to another state’s bar without taking the bar exam. Some states will grant reciprocity to a licensed attorney who has been practicing law in another state for a certain number of years. In many cases, this can result in faster admission to the bar of the second state.

Many people have an attorney whom they trust in their home state. However, with the modern ease of travel and communication, many people are also finding that they have legal needs out of state. In some situations, it makes sense to hire local counsel. In other situations, it might make sense to hire their usual counsel and request that the attorney be admitted pro hac vice or be admitted to the bar based on reciprocity. Of course, the attorney must be willing and able to travel to the other state and make arrangements with the client about who will responsible for the additional costs of the case.

What to Do if Your Attorney Doesnt Comply with Professional Obligations

What to Do if Your Attorney Doesnt Comply with Professional Obligations

Can My Attorney Quit?

Ending An Attorney Client Relationship

Hiring an Out of State Attorney

What to Do if Your Attorney Doesnt Comply with Professional Obligations

What to Do if Your Attorney Doesnt Comply with Professional Obligations