nolo what should i expect from my lawyer

What You Should Expect From a Lawyer

• Communication With Your Lawyer. Communication problems create problems in all types of relationships—including between...
• Your Right to Attorney Competence. It's a big shock to most people that there is no guarantee that your lawyer will do a...
• Your Lawyer Should be Ethical. Each state has ethical laws that bind lawyers. ... Each...

Full Answer

What should I expect from my lawyer?

What should I expect from my lawyer when I retain counsel?

What should a client expect from a private criminal attorney?

What can I expect from a bankruptcy attorney?

What should you not say to a lawyer?

How often should I hear from my attorney?

Does my lawyer have to do what I say?

What are the four responsibilities of lawyers?

Is it normal for lawyers to not respond?

Why do lawyers take so long to settle a case?

What is the most common complaint against lawyers?

Why do lawyers ignore you?

Can my lawyer scream at me?

What are the ethics of a lawyer?

What are 5 responsibilities of a lawyer?

What is a lawyer's client called?

What type of hearings can an attorney represent you at?

Some common types of hearings you can expect your attorney to represent you at: Chapter 13 confirmation hearings. Chapter 7 reaffirmation hearings, and. any other motion or objection hearings filed by you, your creditors, or the trustee.

What to expect during bankruptcy?

Most importantly, if you have any questions, you can expect your attorney to respond to your calls or emails promptly.

How difficult is bankruptcy?

In general, the difficulty of your bankruptcy will depend on: 1 the facts of your case 2 whether you file for Chapter 7 or Chapter 13 bankruptcy 3 whether the bankruptcy trustee will sell any of your property (an asset or "no asset" bankruptcy case) 4 if you own a small business, and 5 the involvement of bankruptcy litigation.

Is filing for bankruptcy a good idea?

Filing for bankruptcy is a great way to get out from under burdensome debt, and most people feel a tremendous sense of relief when their bankruptcy case is over. But understanding the process and filling out the bankruptcy forms can be daunting. That's where a bankruptcy lawyer comes in. Not only will you receive legal advice, ...

Is bankruptcy easy to handle?

Expect Competence From Your Bankruptcy Lawyer. Not all bankruptcy cases are complicated, but they aren't all easy, either. Either way, your bankruptcy lawyer should have the skill level necessary to handle your case. In general, the difficulty of your bankruptcy will depend on: the involvement of bankruptcy litigation.

What do bankruptcy attorneys do?

Almost all bankruptcy attorneys have specialized software that prepares and files your required bankruptcy paperwork with the court. You'll provide your attorney with all of your financial information, such as income, expense, asset, and debt information.

What is the mandatory hearing for bankruptcy?

After filing for bankruptcy, all debtors must attend a mandatory hearing called the 341 meeting of creditors. But, depending on your case, you (or your attorney) might need to go to additional hearings. Some common types of hearings you can expect your attorney to represent you at: Chapter 13 confirmation hearings.

What Kind of Expert Do You Need?

If you have questions, the first thing to decide is what type of expert you should seek. Questions about estate taxes may be better (and less expensively) answered by an experienced accountant than a lawyer. Or if you're wondering what type of life insurance to buy, you may be better off talking to a financial planner.

Different Ways to Get Advice From a Lawyer

Although many consumers (and some lawyers) don't know it yet, the way lawyers and their customers structure their relationships is changing fast. Lawyers used to insist on taking responsibility (and fees) for creating an entire estate plan.

Working With a Lawyer

Before you talk to a lawyer, decide what kind of help you really need. Do you want someone to advise you on a complete estate plan or just to review the documents you prepare to make sure they look all right? If you don't clearly tell the lawyer what you want, you may find yourself agreeing to turn over all your estate planning work.

What to do if you have an issue with your foreclosure lawyer?

If you have an issue with your foreclosure lawyer, it's usually best to talk to the attorney about the matter and try to find a resolution. You might be able to clear up the problem and move forward with that lawyer.

How to get a foreclosure attorney?

At a minimum, you should expect your attorney to: 1 Communicate with you. A big part of your attorney's job is to inform you about what happens before, during, and after the foreclosure. The attorney should tell you what kind of issues might arise, how they'll be handled, and when specific events will occur. 2 Meet all legal deadlines. Again, deadlines must be met when it comes to foreclosure. In a judicial foreclosure, you get a limited amount of time, typically 20 or 30 days, to respond to a foreclosure complaint. You should expect your attorney to file the necessary paperwork before any applicable deadlines pass and be familiar with all of the local court rules and procedures in your area. 3 Be upfront about how much the representation will cost you. When you hire a foreclosure attorney, you'll sign a retainer agreement, which is a fee agreement between you and the attorney. The contract should cover what services the attorney will provide and how you'll pay for those services. 4 Act ethically when representing you. All states have rules of professional conduct that set ethical standards for attorneys. Generally, these rules require lawyers to, among other things, keep whatever the client says confidential, act within the limits of the law when representing clients, and put their clients' interests ahead of their own. You should expect your attorney to act ethically and in accordance with the rules of professional conduct when representing you in a foreclosure.

Why do you need an attorney for foreclosure?

Here are a few reasons you might want to hire an attorney if you want to fight a foreclosure: 1 Attorneys have special skills to fight a foreclosure. Good foreclosure attorneys have years of training and extensive knowledge about the law. They also know how to apply the law in the proper way in court documents and during a trial. 2 Foreclosure law evolves. Foreclosure law evolves. New laws get passed, and courts decide cases that could help with your foreclosure. It's almost impossible for a non-attorney, or even a lawyer practicing in a different area of the law, to stay on top of all of the changes in the foreclosure field. 3 Foreclosure defenses are complex. Many foreclosure defenses are complicated. To successfully defend your case, you'll need to find, read, and understand complex documents, like statutes and court decisions. Attorneys go to law school for three years and review these kinds of materials every day in the course of practicing law to develop the skills needed to do this effectively. 4 You need to understand and comply with detailed court filing procedures and rules. To defend yourself against a foreclosure, you will need to respond quickly in writing—and in the correct format—to official foreclosure documents you receive, file paperwork (like motions) with the court, meet deadlines, and maybe even handle a trial. Even if you have a valid defense, if you mess up, the court won't give you special dispensation just because you aren't an attorney.

Can a lawyer reveal a client's oral or written statement?

This means that lawyers cannot reveal clients' oral or written statements (nor lawyers' own statements to clients) to anyone, including prosecutors, employers, friends, or family members, without their clients' consent.

What is the relationship between a lawyer and a client?

The most basic principle underlying the lawyer-client relationship is that lawyer-client communications are privileged, or confidential. This means that lawyers cannot reveal clients' oral or written statements (nor lawyers' own statements to clients) to anyone, including prosecutors, employers, friends, or family members, ...

What does Heidi tell her lawyer about the drugs?

Heidi tells her lawyer that the drugs belonged to her , and that she bought them for the first time during a period of great stress in her life, just after she lost her job. Heidi authorizes her lawyer to reveal this information to the D.A., hoping to achieve a favorable plea bargain.

Is a lawyer's client's communication confidential?

Lawyer-client communications are confidential only if they are made in a context where it would be reasonable to expect that they would remain confidential. ( Katz v. U.S., U.S. Sup. Ct. 1967.)

Does Blabbermouth waive confidentiality?

Blabbermouth defendants waive (give up) the confidentiality of lawyer-client communications when they disclose those statements to someone else (other than a spouse, because a separate privilege exists for spousal communications; most states also recognize a priest-penitent privilege). Defendants have no reasonable expectation of privacy in conversations they reveal to others.

Can a jailer testify to a defendant's statement?

If a jailer monitors a phone call and overhears a prisoner make a damaging admission to the prisoner's lawyer, the jailer can probably testify to the defendant's statement in court.

What happens if you bring a stranger into a meeting?

Defendants who bring strangers (people who are not part of the attorney-client relationship) into a meeting risk losing the right to claim that the meeting was confidential. This means that the D.A. might be able to ask the stranger or even the defendant about what was said during the meeting.

Can an attorney have trial experience?

Therefore, even an experienced attorney may only have a handful of cases that made it to verdict. On the flipside, you don't want an attorney who has very little trial experience. This can be detrimental for two reasons. First, if your case goes to trial, your attorney won't give you the best chance of winning.

What does it mean when you pay your attorney off the top?

The only question becomes when you pay them. If legal costs are paid "off the top," that will usually mean more money for you than if they are paid after your attorney gets paid . Let's use an example where your case settles for $100,000, your legal costs are $10,000, and your attorney charges you a 30% contingency fee.

Do personal injury attorneys handle all cases?

Most personal injury attorneys handle several of the above-listed types of cases, but almost none will handle all of them . Some of these categories are unique and require an extra level of knowledge and experience. You should look for an attorney who has experience handling your type of case.

Can a personal injury lawsuit happen in the middle of a trial?

Remember, personal injury lawsuits are unpredictable, and anything can happen, even in the middle of trial. However, your attorney should be able to provide at least a rough prediction regarding your chances of winning and what kind of compensation you can expect should your case settle, or should you win at trial.

Can a senior attorney farm out work to others?

If you hired a senior attorney, they may have a junior associate do much of the legal work, with your attorney handling the more complicated legal concerns and overseeing the junior associate's progress. Having an attorney farm out work to others may not sit well with you.

Do you pay legal costs if you win?

The only question becomes when you pay them. If legal costs are paid "off the top," that will usually mean more money for you than if they are paid after your attorney gets paid.

Do civil cases go to trial?

Despite what television and film might portray, most civil cases do not go to trial. Therefore, even an experienced attorney may only have a handful of cases that made it to verdict. On the flipside, you don't want an attorney who has very little trial experience. This can be detrimental for two reasons.

Is it good to hire a lawyer for cheap?

However, you'll likely be able to find lawyers who will work for less—especially in areas with a lot of lawyers. Cheap isn't necessarily good. Although everyone wants to save money, the cheapest lawyer probably isn't the best, especially if your problem is complicated or specialized.

Is a lawyer cheap?

You want a lawyer who knows the subject matter of your legal problem inside and out, charges reasonably, treats you with respect, and with whom you can communicate. Though no lawyer is cheap, you probably can find lawyers all over the price spectrum who can meet your needs.

What is the fee agreement between an attorney and client?

An attorney and client will base a fee agreement on factors such as the lawyer's overhead and reputation, the type of legal problem, and the going rate for similar work (such as a trademark search, handling an eviction, filing bankruptcy, or preparing a living trust).

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 most common problems lawyers have with their clients?

Fees. Disputes regarding attorneys' fees are perhaps the most common problem that clients have with their lawyers. Fee disputes typically arise for many reasons, but the following are the most common: Complaints about bills being too high. Disagreements over what kinds of fees would be charged to the client.

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 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 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.

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 ...