STATEMENT
OF CLIENT'S
RIGHTS & RESPONSIBILITIES
COFFINAS
& LUSTHAUS, P.C. 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 a 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 call or e-mail us at coflus@coflus.com
to make an appointment.
An
attorney may not refuse to represent you on the basis of race,
creed, color, sex, national origin or disability.
You
are entitled to an attorney capable of handling your case, who
will show you courtesy, represent you zealously and preserve your
confidences and secrets 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. Before you sign the agreement, you
are entitled to have your attorney clarify in writing any terms
or additional provisions.
You
are entitled to fully understand the proposed rates and retainer
fee before you sign an agreement.
You
may refuse to enter into any unsatisfactory fee agreement. 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 non-refundable.
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 for the time spent on your case and any expenses, but
must return the balance of the retainer.
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 the fees for their services.
You
are entitled to know in advance how you will be asked to pay
legal fees and expenses and how the retainer 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.
You
are entitled to receive a written, itemized bill on a regular
basis.
You
are expected to review the bills sent by counsel and to raise
any objections or errors in a timely manner. Time spent in discussion
of bills will not be charged.
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 documents prepared on your behalf
or received from court or adversary.
You
have the right to be present at court conferences unless a judge
orders otherwise.
You
are entitled to make the final decision on the objectives to be
pursued in your case and to make the final decision about settlement.
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
him or her to payment for services already rendered at the end of
the case, out of the proceeds of your 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 attorneys written retainer agreement must
specify whether such security interest may be requested. No security
interest may be obtained by your attorney without prior court approval
and notice to your adversary. An attorney's security 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 accounts be used. You
also are 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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