clients rights in choosing legal representation when the are not happy with their current attorney

by Dr. Jerrell Bernier 9 min read

The attorney-client privilege protecting all communications is a sacred, time-honored privilege that must be observed at all costs. You have the right to terminate your attorney. If at anytime you are dissatisfied with your attorney’s performance or you feel your rights as a client have been violated, you have the right to terminate your attorney.

Full Answer

What are my rights as a client of an attorney?

You are entitled to complete confidentiality of any matter when you are a client of an attorney. The attorney-client privilege means that generally the attorney (and all personnel in the attorney's office) can't reveal confidential information the client conveys to the attorney in the course of representation or when seeking representation. 5.

Why do lawyers want to represent more than one client?

The attorney-client privilege protecting all communications is a sacred, time-honored privilege that must be observed at all costs. You have the right to terminate your attorney. If at anytime you are dissatisfied with your attorney’s performance or you feel your rights as a client have been violated, you have the right to terminate your attorney.

What privileged status does a lawyer’s communication with a client have?

In general, as long as the prospective client is seeking legal advice or representation and reasonably believes the communication will be confidential, the consultation is privileged. This is so even if the would-be client never pays or hires the attorney. (But if the attorney declines to represent a potential client who nevertheless continues to communicate with the attorney, the …

Can a lawyer be a party to a joint representation?

The attorney-client privilege is a rule that protects the confidentiality of communications between lawyers and clients. Under the rule, attorneys may not divulge their clients' secrets, nor may others force them to. The purpose of the privilege is to encourage clients to openly share information with their lawyers and to let lawyers ...

What alternatives does a client have when he or she is dissatisfied with an attorney?

If you think your attorney has acted unethically You can complete a complaint form online or download a PDF complaint form from the State Bar's website. You may also call the State Bar at 800-843-9053 (in California) or 213-765-1200 (outside California) to discuss the complaint-filing process.

How do you tell a lawyer you no longer need their services?

Be Clear: Be direct and get straight to the point. Clearly state that you are terminating the attorney and briefly state the reasons why. Additionally, the termination letter should state that the attorney should immediately stop working on any pending matters.

What can you do if your lawyer is not responsive?

If you have called your attorney, left messages, sent emails, and you still haven't heard a response, the best course of action is to send a certified letter to his or her office questioning the failure to communicate and informing them that you are prepared to find a new lawyer if the situation does not improve.Mar 29, 2021

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.

How do you write a letter of termination to a client?

When drafting the client termination letter, keep the following in mind:It's not necessary, or suggested, to include a reason for the termination. ... Tell the client what they need to do to move forward without you and what could happen if they don't. ... Termination means it's the end.More items...

How do you say no to a lawyer?

Tips on How to Say NoBe respectful. ... Make it simple. ... Don't feel you must explain or justify. ... Assign responsibility for your refusal to something else. ... Stand firm. ... Refer, refer, refer.More items...•Aug 15, 2021

What is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

Why is my lawyer not communicating with me?

One of the most common reasons that lawyers fail to communicate with their clients is because they are simply too busy. If you feel like you are getting the runaround, it may be time to take a more direct approach and call your lawyer directly.Jul 10, 2021

What should you not say to a lawyer?

9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•Mar 17, 2021

How do you know if a lawyer is scamming you?

Some common signs of a scam include:Payment needs to happen quickly. You can't ask questions or get clarification.It's an emergency. Someone may threaten you or your loved ones.Requests for money usually happen over text, email or phone.The person contacting you is not someone you recognize.Mar 29, 2021

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 file a complaint against an attorney in India?

A complaint against an advocate has to be in the form of a petition. It has to be duly signed and verified as required under the Code of Civil Procedure. The complaint can be filed in English or in Hindi or in a regional language where the language has been declared to be a state language.

What is the right of a lawyer?

You have the right to have your questions answered promptly, sufficiently and honestly. You have the right to seek and obtain advice from your lawyer. One of the important things that separates attorneys from lay people is their right and duty to give legal advice.

What is a fiduciary duty?

When you enter into a relationship with an attorney, a “fiduciary duty” is created. This means that the attorney must act solely with your best interests in mind. An attorney’s duties are outlined in the California Rules of Professional Conduct, and these duties and obligations give rise to certain rights to which you, as the client, are entitled.

Do you have the right to ask questions?

You have the right to ask questions.You hired your lawyer to represent your interests in a legal proceeding. If at anytime you do not understand your rights or the legal process , you have the right to ask questions. You have the right to ask questions, at any time, regarding the status of your case.

Can you serve two masters?

A person cannot serve two masters. You have the right to have your information kept confidential. With very limited exceptions, everything you tell your attorney is confidential. Your attorney cannot repeat or disclose any of your confidential information to anyone without your consent.

Do attorneys have to have malpractice insurance?

Attorneys are not required to maintain malpractice insurance. If your attorney does not have malpractice insurance, his/her Engagement Agreement should say so. You have the right to be kept informed. This means that your attorney must keep you reasonably informed regarding developments in your case.

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.

What is attorney client privilege?

The attorney-client privilege is, strictly speaking, a rule of evidence. It prevents lawyers from testifying about, and from being forced to testify about, their clients' statements. Independent of that privilege, lawyers also owe their clients a duty of confidentiality.

What is privileged attorney?

The attorney-client privilege is a rule that preserves the confidentiality of communications between lawyers and clients. Under that rule, attorneys may not divulge their clients' secrets, nor may others force them to. The purpose of the privilege is to encourage clients ...

Why is confidentiality important in law?

The duty of confidentiality prevents lawyers from even informally discussing information related to their clients' cases with others. They must keep private almost all information related to representation of the client, even if that information didn't come from the client.

Is attorney client privilege inadmissible?

If someone were to surreptitiously record the conversation, that recording would probably be inadmissible in court.

Can a client forfeit the attorney-client privilege?

No matter who hears or learns about a communication, however, the lawyer typically remains obligated not to repeat it.

Can a lawyer disclose previous acts?

If, for example, if a client tells his lawyer that he robbed a bank or lied about assets during a divorce, the lawyer probably can't disclose the information.

Can an attorney disclose client secrets?

Under that rule, attorneys may not divulge their clients' secrets, nor may others force them to. The purpose of the privilege is to encourage clients to openly share information with their lawyers and to let lawyers provide effective representation.