COFFINAS & LUSTHAUS, P.C.


ATTORNEYS AT LAW

16 COURT STREET, SUITE 1212
BROOKLYN, NEW YORK  11241

TEL 718-488-7900
FAX 718-625-3210

Click here to e-mail us at coflus@aol.com


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@aol.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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