Client's Rights...
 Good communication is essential to an effective attorney/client relationship. A
lawyer should be assured that a new or prospective client has a full
understanding of the nature of the attorney/client relationship, including what
the client can reasonably expect from the lawyer and what the lawyer can
reasonably expect from the client. If the client does not have such an
understanding, the lawyer shall take reasonable steps to educate the client
about the relationship.
The Client's Statements of Rights and
Responsibilities set out below is designed to provide an outline of the lawyer's
expectations of the client and the client's expectations of the lawyer.
Client's Statement of Rights and Responsibilities
In an attorney/client relationship each party has
certain rights. A right that both parties have is to be treated at all times
with courtesy and respect. This statement first explains your rights as a
client when you hire an attorney, and immediately afterwards, what your attorney
has the right to expect of you. This statement is intended to promote better
communication and prevent misunderstandings between you and your attorney.
As the client in a legal matter, you have the
right to expect that:
Your attorney will handle your legal matter
competently.
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When hiring an attorney you
have the right to ask questions about the attorney's education, training,
and experience and expect that your attorney will remain current with recent
developments in the law that relate to your matter.
Your attorney will charge you a reasonable fee and
explain how it will be computed and when payments are expected from you.
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If you are not a regular
client, your attorney will give you a written statement before, or as soon
as the work begins indicating the basis or rate of the fee you will be
charged.
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If you are asked to pay a
retainer, your attorney will explain how it will be spent and, if you ask,
will provide you with a periodic written statement detailing how it has been
spent.
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If your attorney is working
on a contingent-fee basis, your attorney will put in writing, in advance,
what the attorney's percentage will be, whether you will be billed for costs
and expenses, and whether deductions will be taken from your settlement
prior to calculating the fee.
Your attorney will work diligently for you and
pursue the lawful means necessary to present or defend your case.
Your attorney will strive to resolve your legal
matter promptly and will inform you if for any reason it cannot be resolved in a
timely fashion.
Your attorney will respond to reasonable questions
about the progress of your legal matter and will explain office policies to you
to ensure satisfactory communication with you, including:
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how to reach your attorney
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when and how your telephone
calls will be returned
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how to obtain copies of
paper/documents from your legal file.
Your attorney will exercise independent,
professional judgment on your behalf free from any conflict of interest.
Most of your communications with your attorney are
confidential. Your attorney will explain to you when the statements you make or
secrets you reveal about your case cannot be kept confidential.
You have the right to make final decisions regarding your legal matter.
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Your attorney will discuss the
negotiation process with you and will agree to a settlement offer only if
you have approved it.
Your attorney will explain to you, in advance, any major expenses anticipated in
your legal matter.
Your attorney will tell you if other lawyers will be
involved in your representation and how the cost to you for their involvement
will be calculated.
When your fee is not a single, set amount, your
attorney will give you periodic billings detailing your fees, costs, and
expenses.
If legal fees will be applied against a settlement,
your attorney will provide you with a final statement after the matter is
concluded detailing what costs and expenses are being applied against your
settlement and the amount you will receive.
As your legal advisor, your attorney has the
right to expect that:
You will make a full and honest disclosure of all of
the facts -- good and bad -- that relate to your legal matter, and you will
inform your attorney about any new facts or circumstances that may affect your
case as they arise.
You will adhere to your fee agreement with your
attorney, pay your bills for all work that has been performed, and pay for all
costs that were advanced for you. If you have any questions about your bill,
you will discuss then with your attorney.
You will seek your attorney's advice before
discussing any information relating to your legal matter with others.
You will tell your attorney if you have any concerns
or reservations about the advice you are being given.
You will be on time for all court hearings and
appointments with your attorney or let your attorney know in advance if you
cannot be on time.
If you cannot reach your attorney when you phone the
office, you will leave your name and phone number and a brief message.
You will complete the tasks requested by your
attorney in a timely fashion or let your attorney know when you cannot.
You will discuss your expectations about what you
want to accomplish in your legal matter with your attorney. When your
expectations are not being met, you will talk to your attorney about it.
You have the right to change attorneys if you are
dissatisfied with the representation you are receiving. However, in certain
circumstances you will need the court's permission. It is also important for
you to know that your attorney may decide to stop representing you. This may be
due to your not meeting your obligations to your attorney or for some other
reason. This too may require court permission.
This
Client's Statement of Rights and Responsibilities is based on the Rhode Island
Rules of Professional Conduct for attorneys.
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