If you ever 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 confidences 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 the 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 must return 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 for services
already rendered at the end of the case out of the proceeds
of the final order or 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, 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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