Ten Things You Should Expect from Your Lawyer James D . Eggleston , Jr ., Eggleston King , LLP
Many people are often unaware of what they can and should expect from a lawyer . They believe the lawyer “ drives the boat ” and they often feel they are just along for the ride . Nothing could be further from the truth . Rather , there are some very specific things you can and should expect from a lawyer – at least a good one . 1 . You have the right to expect your lawyer to zealously pursue your interests within the bounds of the law . Thus , your lawyer should be competent , prompt and diligent in that pursuit . Your lawyer should maintain good communications with you and keep in strict confidence information about you and your matter . Your lawyer should press your matter to a conclusion so as not to waste your time , the courts ’ time , and , most importantly , your money . However , your lawyer should also not take shortcuts simply to get a settlement or a fee .
2 . You have the right to expect your lawyer to conform to the requirements of the law , both in your lawyer ’ s professional service to you , but also in his or her own business and personal affairs . He or she should conduct themselves knowing that they represent you and your reputation as well as his or her own . Your lawyer is representing your interests , not just his or her own ; he or she should never embarrass you . Your lawyer should use the law ’ s procedures only for legitimate purposes and not to harass or intimidate others . Your lawyer should demonstrate respect for the legal system and those who serve it , including judges , other lawyers , and public officials . Above all , your lawyer should respect you , your time , your perspective , and your input .
3 . You have the right to expect your lawyer to be competent and able to provide you with an informed understanding of your legal rights and obligations and explain the related implications . In fact , a lawyer is forbidden from taking on a matter they know or should know is beyond their competence ( unless they get assistance from another competent lawyer ). You have the right to ask a lawyer , “ is this something you are competent to handle ?”
4 . You have the right to expect your lawyer to be candid about your chances of success or failure . He or she should not guarantee any result ; that is impossible . Too many factors affect legal proceedings or situations , not the least of which is the behavior of the opposing parties and their legal counsel , the impact of a judge ’ s rulings , and jury verdicts . If a lawyer is overoptimistic about your chances of success in a matter , chances are they haven ’ t handled too many contested matters . “ A lawyer who has never lost a case is a lawyer who has never tried a case .”
5 . You have the right to expect your lawyer to maintain the highest standards of ethical conduct . Conversely , you should never ask your lawyer to do anything that would violate the legal rules of professional conduct that he or she has sworn to follow . There are some lawyers who do not always behave as if they know the difference between “ zealous advocacy ” and “ bullying ” – the first behavior is a lawyer ’ s obligation , the second behavior has no place in the law .
6 . You have the right to expect your lawyer to not take on a matter , including your matter , if doing so would create a conflict of interest with an existing client . Conversely , if you are already a client of a lawyer , he or she should not accept any work that would conflict with your interests , even if the possibility is remote or unlikely . If a lawyer ’ s representation or behavior even creates the appearance of impropriety , he or she should step away from what they are contemplating doing , seek the advice of other lawyers about the matter , and oftentimes , the best course of action will be to withdraw from the representation or situation that has created such an appearance .
7 . You have the right to expect your lawyer to not neglect a matter that you entrust to them to handle . They should carry out completely their obligations to you . You have the right to require your lawyer be attentive to your matters and not neglect their responsibilities to you , including keeping you informed . Many lawyers forget that the legal matter you have asked them to handle is the most important thing going on in your world at that time .
8 . You have the right to expect your lawyer to abide by your decisions concerning the objectives and general methods of representation , whether to accept a settlement offer ( with a few exceptions ), whether to accept a plea in a criminal case , and what price or structure ( after being advised by the lawyer ) should be pursued in a business transaction . Again , communication is critical . You should expect to be kept informed about the status of your matters and be furnished with information that you reasonably request . Only then , can you make good , informed decisions .
9 . You have the right to expect your lawyer to answer your questions about his or her invoices , that such invoices are understandable , that they contain useful descriptions of the work he or she has done , that the invoices are accurate , and that all amounts you have paid or included in a retainer given to your lawyer are properly applied . If you believe an invoice is incorrect , you have the right to receive an adequate explanation . Most lawyers welcome questions about their invoices so as to prevent fee disputes or delays in getting paid . You should also expect that your lawyer will require a retainer before taking your matter because they do not want to take on the risk of nonpayment . “ A lawyer can worry about your legal matter or he or she can worry about getting paid , but you should never put them in a position of worrying about both .”
10 . You have the right to expect your lawyer to charge you a “ reasonable fee ”, i . e ., the disciplinary rules for Texas lawyers say that is a fee that is not “ unconscionable .” What does this mean ? A fee is “ unconscionable ” if a competent lawyer could not reasonably conclude that a fee is reasonable based on all relevant factors ( sounds like a circular definition , doesn ’ t it ?). But , the factors to consider are listed in the rules and help answer the question of what is a “ reasonable fee .”
The factors are as follows : the time and labor required of your lawyer , the difficulty of your issues , the skill required to handle your matter properly , customary fees charged in the surrounding locale for similar matters , the results obtained by your lawyer , whether your lawyer must turn down other work to handle your matter , the time limitations imposed by you or the circumstances , the length of time you have worked with the lawyer , the experience , reputation and ability of your lawyer , and whether the fee is fixed or contingent on results obtained , or the uncertainty of collection before services are rendered .
The greater the risk , complexity , uncertainty , and time involved , the greater the fee will be . Conversely , your lawyer can and should expect to be paid , even if the result obtained is not the precise result you sought ; again , because no specific results can ever be guaranteed . You are hiring a lawyer for his or her time and expertise , not because he or she is a magician or can foretell the future .
Good lawyers embrace the above expectations . After all , they believe it is an honor and privilege to be a lawyer . They believe they have a duty to maintain fairness in the judicial system , to minimize the burden and delays of litigation , to only present meritorious claims and contentions , to speak with candor before tribunals , and to be truthful and respectful in all communications and behavior . If you come across a lawyer who resists the above expectations or does not aspire to the higher ideals of the practice of law and the representation of their clients , then there is a solution : look for another lawyer .
( Much of the above is paraphrased from the Texas Disciplinary Rules of Professional Conduct .)
SEPTEMBER 2017 PARKER COUNTY TODAY
15