is lawyer supposed to say who hire them

An attorney-client relationship generally doesn't form until the lawyer and client agree to it. But the attorney-client privilege protects some communications made before the prospective client hires the attorney, and even some where there's never any hire.

Full Answer

Should I hire a lawyer?

When disputes arise, a person’s first inclination is often to call a lawyer, attorney Randolph Rice tells Reader’s Digest. But there are many situations in which hiring a lawyer is the last thing you should do. Says Rice, ideally, everyone would resolve disputes without lawyering up.

Do I need a written agreement to hire a lawyer?

Even if your state doesn't require a written agreement, it's a good idea to insist on one. The agreement should specify how often you will be billed and require the lawyer to give you an itemized statement, so you understand the charges.

What should I look for when hiring a lawyer?

Check your potential lawyer’s reputation. “Many cases are won, and lost, on the reputations of the lawyers involved,” attorney Rice tells Reader’s Digest. “ In the courtroom, if your lawyer has an outstanding reputation, the judge may give your case some deference, for example.”

Do I need a lawyer who does not represent me?

Though the law is mostly settled in this area, there are nuances and potential differences from state to state. So, it's a good idea to start any communication with an attorney who doesn't represent you by confirming with him or her that your communications will be privileged.

What is the person who hires a lawyer called?

When someone threatens to call “their” lawyer, it likely means that they have a lawyer "on retainer." To have a lawyer on retainer means that you – the client – pay a lawyer a small amount on a regular basis.

Can a lawyer lie about who they are?

The American Bar Association's Model Rules of Professional Conduct states that a lawyer “shall not knowingly make a false statement of material fact.” In other words, lawyers aren't supposed to lie--and they can be disciplined or even disbarred for doing so.

What amendment says hiring a lawyer?

The Sixth Amendment gives defendants the right to counsel in federal prosecutions. However, the right to counsel was not applied to state prosecutions for felony offenses until 1963 in Gideon v. Wainwright, 372 U.S. 335.

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

Can I sue a lawyer for lying?

No matter what name the agency in your state goes by, they will have a process you can use to file a complaint against your attorney for lying or being incompetent. Examples of these types of behavior include: Misusing your money. Failing to show up at a court hearing.

What happens if lawyers lie?

In addition to possible State Bar discipline for violating these rules, B&P section 6128 provides that a lawyer is guilty of a misdemeanor when a lawyer engages in an “any deceit or collusion, or consents to any deceit or collusion, with intent to deceive the court or any party.” The punishment for a violation of B&P ...

What is the meaning of Amendment 7?

the right to a jury trialThe Meaning The Seventh Amendment extends the right to a jury trial to federal civil cases such as car accidents, disputes between corporations for breach of contract, or most discrimination or employment disputes.

What does the 7th Amendment say?

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

What is the 8th Amendment right?

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

How do I know if my lawyer is cheating on a settlement?

Dennis BeaverThe attorney does not return phone calls in a reasonable amount of time, and;In a meeting with the client, if the lawyer is being very short, taking phone calls, trying to re-schedule, not giving enough time to the client, does not listen, ignores what is asked or is not answering questions.

How do you write a complaint letter about a lawyer?

Formal complaint against [name of lawyer or law firm] describe what the lawyer had been hired to do for you [for example dealing with the sale or purchase of a house] • say when this was [give the date or dates when the problem occurred]. My complaint is that [list what you think went wrong or wasn't done properly.

How do I report a lawyer in South Africa?

Members of the public can lodge complaints against any law professional through a legal hotline called the “Trustline” initiative which is run by the Law Society of South Africa and the Attorneys Fidelity Fund. The public can lodge complaints at 0800-202-036 or at trustline@tip-off.com.

How to communicate with a lawyer?

Lawyer communication, competency, ethics, and fees are important aspects of an attorney-client relationship. As a summary you can expect your lawyer to do the following: 1 Give you advice about your legal situation 2 Keep you informed about your case 3 Tell you what he or she thinks will happen in your case 4 Allow you to make the important decisions regarding your case 5 Give you an estimate about what your case should cost 6 Assist you in any cost-benefit analyses that you may need 7 Keep in communication with you 8 Inform you of any changes, delays or setbacks 9 Give you the information you need to make good decisions, and 10 Prepare you for your case, including deposition and trial preparation.

What to expect when your attorney does not respond?

In general, however, you should be able to expect to get a general overview of your case whenever you request it from your attorney. In addition, you should also expect your attorney to call you back or return your emails in a timely manner. If your attorney does not respond within a business day, he or she should provide you with a reason why they were unable to answer your question (typically, if your lawyer is working on multiple cases, he or she may be tied down in court on some days).

What is competency in law?

In addition to lawyer communication problems, you may also have problems with the competency of your lawyer's work. Competency relates to the core knowledge and expertise of an attorney in handling a client's legal issue. You should remember that lawyers are not machines and they are just as capable of making a mistake as anyone else ...

What is lawyer communication?

Lawyer communication refers to the correspondence and communication between a client and his/her attorney. If you have a lawyer communication problem, you may be wondering if you have a bad attorney or if he or she is doing a poor job on your case. You should know that many states have laws regarding when and how a lawyer must communicate with clients.

What happens if my attorney doesn't respond to my question?

If your attorney does not respond within a business day, he or she should provide you with a reason why they were unable to answer your question (typically, if your lawyer is working on multiple cases, he or she may be tied down in court on some days).

What are the aspects of an attorney-client relationship?

Lawyer communication, competency, ethics, and fees are important aspects of an attorney-client relationship. As a summary you can expect your lawyer to do the following:

What is billing at an attorney's rate?

Billing at an attorney's rate for work done by a paralegal or legal secretary. Complaints regarding over-charging for time spent on a case. The first thing that you should do upon finding and hiring the right lawyer for your case is to make sure that you get the fee agreement in writing that you can understand.

Why do people hire lawyers?

Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

What happens if you don't pay your lawyer?

If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.

Why is it so expensive to go to court?

It's expensive because we have to wait in line too. Going to court is more than dressing up in a fancy suit and knowing what papers to fill out. Attorneys have to wait in line just like the "regular folk" and we are at the mercy of the court staff just like everyone else. If you get a bill that includes time spent waiting in court, it's not usually exaggerated. While some people may stretch the truth - if you want to see whether I had to wait an hour for the case to get called, then just come with me to court. Some courtrooms have more than 50 cases on the call. Your case may not be first or even ninth. I have been number 210 on the list before. It takes time. Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

What to do if your lawyer doubts you?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

What to say when a judge can see your boobs?

If the judge can see your boobs, he's not listening to your story. If I can see your boobs, then I know you didn't care enough about yourself to talk to an attorney. Dress like you are going to church. Credibility is one of the most important things in this world - and most important in a courtroom.

What to do if no one can confirm a story is true?

If no one can confirm that the story is true, you will at least need something external, such as a hard copy document, to prove your case. Be prepared.

Can a lawyer take your money?

While lawyers can certainly take your money and your time and we can file a case that will be very hard to win, if you don't care enough about your life to get a contract, the judge is not very likely to be on your side. At least, not automatically. Oral contracts are extremely hard to prove. What are the terms.

Why is it important to hire a lawyer?

When you hire a lawyer, it's important that your fee agreement is in writing and that you understand it. It's a simple way to avoid a common cause of contention with clients—the legal bills.

How to tell your lawyer everything?

You should: follow through on what you agree to do. prepare a written summary and chronology of events. tell your lawyer everything. understand that your lawyer has a duty to keep whatever you say confidential. inform your lawyer of new developments. respect your lawyer's time and schedule.

Why do bar associations monitor lawyers?

Bar associations tasked with monitoring attorneys go after lawyers who steal or violate specific ethical rules—not lawyers who just aren't very good. Part of the reason is that what constitutes a "good job" is somewhat relative. For instance, a client might expect an acquittal in a criminal case.

What happens if you don't know what's going on in your lawsuit?

If you don't know what's going on in your lawsuit, you might assume you have a bad lawyer. To the contrary, your attorney could be doing a great job. Either way, a lawyer who doesn't communicate case progress is invariably increasing, not decreasing, your stress. When you initially retain counsel, your lawyer should:

Can a client expect an acquittal in a criminal case?

For instance, a client might expect an acquittal in a criminal case. However, other private criminal attorneys might consider a reduction from a felony to a misdemeanor charge a job well done.

Can you hear from a lawyer who is in trial?

For instance, it's common to hear less frequently from a lawyer who is in trial. But someone in the office should be able to explain when you'll hear from your attorney and assure you that the office is handling your case appropriately. Find out how to hire the right attorney.

Do you have a right to quality service from your attorney?

You have a right to quality service from your attorney. In this article, you'll learn what you can expect from your lawyer in each of these areas.

How does the attorney bill for his/her services?

These are the first things you should ask an attorney before your first meeting. Indeed, some attorneys will charge you for the initial consultation, so you should know that before you go in to get information and come out with a bill in hand. If the lawyer's office will not give you any information about how they charge during your initial phone call, beware.

How will the attorney respond to your requests?

Generally, lawyers who are bad at responding in a timely fashion are this way because they lack adequate support staff. Many try to wear every hat in their office, from drafting pleadings, meeting with clients, and going to court, to making copies, stuffing envelopes, and answering phones. Doing too much makes it easy for the attorney to become distracted and hard for him or her to get back to you in a timely fashion. As a result, you should ask your lawyer how he or she will respond to your ongoing needs, how quickly he or she can return calls, and whether the attorney has someone on hand in the office to answer quick questions should they come up and you need to get a quick answer.

What is the attorney's specialty?

Generally, attorneys focus their careers on specific practice areas. This allows them to build up a special expertise in those areas. Every attorney will have a little knowledge about most areas of the law, because that is a requirement to be admitted to the bar, but they are not experts in the area. They might be able to answer a few questions at a superficial level, but probably will not be comfortable taking on those kinds of cases. This does not mean they are unskilled or incompetent in the areas they actually practice in on a daily basis. Indeed, you should probably be aware of the attorney who professes to be an expert on every field of law, given how vast this body of information truly is.

What is hourly billing?

And, of course, the most common type of billing arrangement is hourly billing, in which an attorney bills for his own time and the time of his paralegals, at a certain rate per hour, meaning you pay for exactly the amount of work you get.

Do people hire attorneys?

Most people do not hire attorneys everyday. This may leave them at a bit of a disadvantage in knowing what they should find out from an attorney before hiring them.

Can an attorney be available at every call?

Of course, you need to understand that the attorney may not personally be available at your every call. Most attorneys have highly trained and qualified staff members who can provide you with the answers you seek. Your lawyer cannot be effective representing you or other clients if he or she is taking every call that comes through to him or her everyday. As a result, if you need to speak with your attorney, you should be prepared to schedule an appointment for a phone call when you are both ready and available.

What is attorney-client privilege?

An attorney-client relationship generally doesn't form until the lawyer and client agree to it. But the attorney-client privilege protects some communications made before the prospective client hires the attorney, and even some where there's never any hire. (For all kinds of information about lawyer-client relationships, ...

Is it a good idea to talk to an attorney who doesn't represent you?

So, it's a good idea to start any communication with an attorney who doesn't represent you by confirming with him or her that your communications will be privileged. Talk to a Lawyer.

Why is the practice of law so negative?

Because the practice of law is adversarial in nature, it can be a pretty negative environment. Because effective communication and connecting with your client are so important to being able to represent a client well, these two shortcomings are certainly a sign that you have hired the wrong lawyer. Your lawyer is lazy!

Is it hard to get along with an attorney?

Your lawyer is a really difficult person to connect with or to get along with. Make no mistake about it, in my twenty years as an attorney I have concluded that this profession certainly has its share of attorneys who are bad communicators and who are difficult to get along with. It’s simply the nature of the beast. Many people who choose to spend each an every day in a profession that revolves around fighting and being adversarial are, let’s just say, special! Because the practice of law is adversarial in nature, it can be a pretty negative environment. Because effective communication and connecting with your client are so important to being able to represent a client well, these two shortcomings are certainly a sign that you have hired the wrong lawyer.

Philip Anthony Fabiano

Stand by counsel? I'm not sure there is an exact name for this. I would likely charge an hourly fee.

Eric Edward Rothstein

If the case has any real value to it you are sabotaging yourself by not having a retained attorney. Don't be penny wise and pound foolish, More

Michael A. Rose

It really depends on the case. And most attorneys will not engage in such a relationship generally speaking.

Marco Caviglia

Just retain a lawyer to handle the entire matter so you don't sabotage your good claim.