DUTY TO A CLIENT

In conjunction with being a licensed attorney, there are certain obligations and responsibilities attorneys have to their clients, while each state is a little different, the majority follow what is called the Model Rules of Professional Conduct at least in part.  If an attorney fails to meet the requirements as outlined by the State of Licensure complaints can be filed and evaluated for potential disciplinary actions against attorneys. 

As an attorney we have a lot of different factors we are constantly balancing, and often Clients do not understand why we cannot just always do what they want with disregard for all these other factors.  These are a few general explanations of the responsibilities attorneys have:

 From a purely representational standpoint, attorneys perform several different roles such as advisor, advocate, negotiator, and evaluator, within each action there are certain expectations.  Such as: providing a client with an informed understanding of the client’s legal rights and obligations and explaining the practical implications; zealously asserting the client’s position under the rules of the adversary system; seeking a result advantageous to the client but consistent with requirements of honest dealings with others; and acting by examining a client’s legal affairs and reporting about them to the client or to others.  Not all of these situational relationships will be present in every interaction you have with an attorney as the task hired to complete is relevant, however, generally speaking these are the roles we play as attorneys and what that means for you as our clients. 

 No matter what our representational standpoint is as attorneys we should always be competent, prompt, diligent, maintain communication with a client concerning the representation, and always keep in confidence information relating to representation of a client except so far as disclosure is required or permitted by the Rules of Professional Conduct or other law. 

 Attorneys should conform to the requirements of the law with respect for the legal system.

 Attorneys are always balancing his/her responsibilities to clients, to the legal system and to his/her own interest in remaining an ethical person while earning a satisfactory living. 

In representation of my Clients I have a list of what I call “Attorney Responsibilities to Clients” as follows:

 Honesty. I will always tell you the truth and handle any funds of yours in a completely trustworthy manner.

 Loyalty. I so not have any conflicts of interest that would cause my loyalty to you to be divided between you and another person with an interest in the outcome of your matter.  Since I work a lot with spouses in pursuit of immigration benefits, this is why in our representation agreement it clearly states who is my client and who my ultimate loyalty is owed to, so we can avoid any confusion. 

 Confidentiality. Your conversations with me, as your attorney, and any documents or information you share with me are required to be kept private, unless you have given me permission to share this with any other parties OR it is necessary to share information in order to take the actions you have hired me for OR it is required to share by law. 

 Competence. I will handle your matter competently. This does not mean I know all the answers. It means I should know where to go to find the answers and I will devote my attention to your matter that it deserves.

 Information. I will keep you up to date in the progress of your matter and answer your questions. You should not hesitate to ask me questions and you should expect to have your questions answered, granted there may be times you don’t like the answers or there is no way for me to give you a 100% answer because things are outside of my control. You will receive an electronic copy of all your filings, including evidence you provide to me after it is submitted, as well as notices received on your case.

 Responsiveness. Your phone calls and emails will be answered within 1 business day based on my business day calendar.  Keep in mind my office is closed on Friday, Saturday, and Sunday (appointments available only through scheduling in advance), any enquiries received on these days will be replied to on Monday.  If I am on vacation, I will set up my email response to let you know this. 

Over my years of practicing law, there has always been something that I have noticed, and in more recent years the uptick of it has been too great to not mention about what the role of an attorney is and what it is not.  An attorney is a professional you hire for a task or matter; this does not mean you own your attorney or your attorney’s time.  Attorneys have the right to let you know they are unavailable, and we are not required to reply or tend to you immediately or be available 24/7. Of course, timely responses are vital, but attorneys can have days off and need a day to reply.  Most attorneys are not on call 24/7. I have already discussed this in detail in Respecting the Boundaries of an Attorney-Client Relationship but wanted to mention it again here as a reminder. 

If you believe your attorney has violated their responsibilities under the Professional Rules, you should seek the appropriate regulating state agency as outlined in the Hiring an Attorney section to discuss what is going on and if your attorney is in violation.