If you do not receive a return call within a reasonable period of time, write a letter to the attorney, preferably with return receipt requested, requesting to be contacted within a specified (reasonable) period of time. If the attorney fails to respond, your letter can be used as evidence for future Florida Bar purposes.
Full Answer
If an attorney is having trouble contacting a client, the attorney should make all reasonable efforts to locate the client. If contacting the client is not possible, the attorney should keep records documenting all efforts to give notice, including efforts to contact the client by mail, phone, and email. If the attorney still can’t locate the ...
If you can’t contact your client, document all your diligent efforts to locate him. Review your previous discussions and agreements to determine what actions your client has authorized you to take. If specific action is necessary and you do not have authorization from your client, a motion for withdrawal may be your next step.
by NWSidebar. Every so often the ethics line takes a call from a member who is worried because they can’t contact their client and a deadline is near.
Attorneys with concerns about legal ethics can call the Ethics Line at 206-727-8284 or 800-945-WSBA (9722) , ext. 8284 and receive help analyzing ethical issues. For other issues, Sandra can be reached at [email protected] or 206-239-2118.
See Advisory Opinion 1899. An attorney may not file suit, accept a settlement offer, or take other definitive action without direction from his client, even if the attorney feels action is in the best interest of the client.
Without authorization from the client, an attorney may not take independent action. RPC 1.2 states that a lawyer shall abide by the client’s decision concerning the objectives of the representation and consult with the client as to the means by which those are carried out.
Specifically, the lawyer should educate the referral source on the benefits to the client and the referral source of the involvement of a competent real estate attorney prior to having a binding contract, the difference between legal representation and title insurance as well as your process of engagement.
Introduction. In most legal scenarios, the reason an attorney is sought out and eventually hired by a client is to assist that client with a specific legal need. For example, a person charged in a criminal action hires counsel (or has counsel appointed by the State) to defend him or her against criminal prosecution.
There are aspects of community association law, corporate law, tax law (both foreign and domestic), estate planning and asset protection that could all affect any particular transaction.
Where the real estate agent is not properly briefed by the attorney on both the importance of timing and the difference between legal representation and title insurance, the referral source can actually impede timely and effective representation, potentially damaging the client and the transaction.