massachusetts attorney do i have to do what my client wants

-There is no requirement in the Rules that an attorney need have anything like minimum contacts with a potential client prior to referring a client out to another attorney. The check on the system is that there are client disclosure mechanisms in place and that the fee must be reasonable, in total, to be enforceable.

Full Answer

When does a lawyer have to make the client's file available?

 · A lawyer must make the client’s file available to a client or former client within a reasonable time following the client's or former client’s request for his or her file, provided however, that: (1) the lawyer may at the lawyer’s own expense retain copies of documents turned over to the client;

Do I need a lawyer to close a conveyance in Massachusetts?

 · Effective September 1, 2018, new Rule 1.15A sheds light on what exactly the Client’s File actually is and how long lawyers need to preserve them. Find the answers to your questions here. On June 7, 2018, the SJC adopted an order that amends the Rules of the Supreme Judicial Court, and in particular, Massachusetts Rules…

What is the law on durable power of attorney in Massachusetts?

 · -There is no requirement in the Rules that an attorney need have anything like minimum contacts with a potential client prior to referring a client out to another attorney. The check on the system is that there are client disclosure mechanisms in place and that the fee must be reasonable, in total, to be enforceable.

Can a lawyer email confidential messages to a client?

30. Jul. There are a variety of circumstances where a court appointed lawyer may be appropriate. You have to show that you are indigent and have to be approved by the court. As many people know in criminal cases, because of some constitutional protections you are entitled to a lawyer and again, a court appointed one if you qualify.

What is a lawyers obligation to their client?

These principles include the lawyer's obligation zealously to protect and pursue a client's legitimate interests, within the bounds of the law, while maintaining a professional, courteous and civil attitude toward all persons involved in the legal system.

Can lawyers make client decisions?

The Sixth Amendment allows an attorney to make some strategic decisions during the case, but it requires them to allow a client to make this type of decision.

What is a concurrent conflict of interest?

The lawyer may not represent a client if there is a concurrent conflict of interest, which means that the representation of one client will be directly adverse to another client; or there is a significant risk that the lawyer will materially limit his responsibilities to a client based on his representation of another ...

Can a lawyer refuse a client?

Rule 2.01 - A lawyer shall not reject, except for valid reasons, the cause of the defenseless or the oppressed. Rule 2.02 - In such cases, even if the lawyer does not accept a case, he shall not refuse to render legal advice to the person concerned if only to the extent necessary to safeguard the latter's rights.

Can you lie during a settlement negotiation?

In California, the Rules of Professional Conduct govern a lawyer's ethical duties. The law prohibits lawyers from engaging in dishonesty. Cal.

What is Rule representation?

Doctrine of representation states that if in the lifetime of an ancestor, any of the person's legal heirs die, but the latter's heirs still survive, then such heirs shall become entitled to a share in the property as now they will be representing their immediate generation.

How do you prove conflict of interest?

A conflict of interest exists if a legislator has any interest or engages in any business, transaction, or professional activity, or incurs any obligation, which is in substantial conflict with the proper discharge of his or her duties in the public interest.

What is a legal ethical conflict?

Ethical Conflicts and Dilemmas. Ethical dilemmas arise when there are equally compelling reasons both for and against a particular course of action and a decision must be made. It is a dilemma because there is a conflict between the choices. Usually one action, though morally right, violates another ethical standard.

What are the requirements for client consent to a possible conflict of interest?

The key in obtaining effective consent to a conflict of interest is that the lawyer must fully inform each affected client of the possible adverse consequences of the conflict, and each client must agree to waive the conflict.

What are the four responsibilities of lawyers?

It describes the sources and broad definitions of lawyers' four responsibilities: duties to clients and stakeholders; duties to the legal system; duties to one's own institution; and duties to the broader society.

Can you refuse a client?

As long as businesses can offer legitimate reasons for refusing service, and they're applied equally to everyone, there likely won't be a problem. As a small business owner, you have the right to refuse service to customers for certain reasons: for example, if people are being disruptive or intoxicated.

Should you tell your lawyer everything?

It's almost always advisable to tell your lawyer the whole truth about your case, even if you've committed a crime. Giving your lawyer all the facts helps them craft the best defense by raising reasonable doubt. Even when a client admits guilt, there are usually many mitigating circumstances that can come into play.

What is the Board of Bar Overseers?

"The Board of Bar Overseers was established by the Supreme Judicial Court in 1974 as an independent administrative body to investigate and evaluate complaints against attorneys.". They have over 80 articles on their site about ethical issues for lawyers.

Can a lawyer send confidential emails to an email address?

The lawyer must be careful, however, to ensure that confidential messages are not sent to e-mail addresses that are reasonably accessible to persons other than the client, and to avoid using unencrypted Internet e-mail in contravention of the client's express instructions.".

When did the Massachusetts Rules of Professional Conduct become effective?

This new rule is effective September 1, 2018. You can view the new rule, here and read what Bar Counsel has to say about the new rule, here.

What is a lawyer's work product?

Lawyer’s “work product” is defined for purposes of the rule to include “documents and tangible things prepared in the course of the representation of the client by the lawyer or at the lawyer’s direction by the lawyer’s employee, agent, or consultant”, but as per comment 3 , do not “ordinarily” include a lawyer’s personal notes. ...

Do you have to address retention in a letter?

Yes, the Rule specifically encourages you to do so. Furthermore, best practice is to also address retention in your final communication (i.e. closing letter or disengagement letter), specifically, “where particular arrangements for disposition or transfer have not been made”. Rule 1.15A, Cmt 1.

Do you have to turn over documents if you have a contingency fee agreement?

If the client agreed in the fee agreement to pay for investigatory or discovery documents and has not, you are not required to turn over those documents. Under a contingency fee agreement, you need only turn over work product for which the client has paid.

Can a client agree to an alternative arrangement?

According to Rule 1.15A (c), the client can “agree in writing to an alternative arrangement”, except in cases of representation of a minor.

What is not included in client file?

The client’s file does not include firm administrative data such as billing records, conflict checks, and administrative communications with the client. Rule 1.15A, Cmt 5.

Can you charge for a copy of a court order?

Yes. You may charge for copying “pleadings and other papers” filed with the court or served on another party and copies of your work product. However, you cannot mark up the cost; it must be commensurate with your actual copying costs.You can also charge for delivery of the file; but, again, you cannot mark up the cost. Rule 1.15A (b).

How to get referrals for your practice?

When you think of referrals for your practice, you have several lines upon which to draw your car. First, there are those referrals offered by colleagues. How do you get referrals from your colleagues? You market yourself to your fellow attorneys. You create a niche practice, tagging yourself as the expert. You keep the referring attorney seasonably informed on developments within the referred client’s case. You pay the referral fee in a timely manner, delivering it personally, if you can, with a thank you, note or speech. Most importantly, you do a good job. Remember, the referring attorney has put his trust in you, in placing his reputation on the line, by implicitly vouching for the quality of your work. There is no better guarantee of future referrals than quality work resulting in pleased clients. Speaking of those pleased clients, the second sort of referral you need to look after are client-to-client referrals. Now, this is mostly just the development of word of mouth based upon your good practices, and you are not necessarily applying the ethics rules related above in the implicit generation of present or past clients sending you your future clients. However, the application of the better part of general ethics, good legal practices and good business sense, can combine to create those referrals of future clients from existing clients. Keep in contact with your existing clients, even if nothing in particular is happening on their cases. (We’ve written about the importance of keeping in regular contact with clients previously at the LOMAP blog, here .) Work zealously for each of your clients, and don’t take shortcuts. Develop an elevator speech designed for the sorts of clients you want, as you develop and use an elevator speech for attorneys from whom you wish referrals. When you close a case, and you have waited a seasonable period before returning to your client his files, return those files impressively. Use branded folders. Or, use a branded thumbdrive, for the return of electronic documents. Close the deal better, so you can close the deal more easily (with less effort, most effort being generated by those who love you, or who like you enough to tell others so), with potential clients who are referred to you by existing clients. Your mindset should be to make the quality of your work so memorable that those past clients nearly close the deal for you. You won’t win every time; but, you can make your best effort every time.

Does Massachusetts allow referrals?

While not every state allows for its attorneys to make and receive referrals where the referring attorney receives a portion of the fee earned (that last part is the critical part), Massachusetts does. (See, this is what I have been telling you all along: Massachusetts loves you, and wants you to be happy. They’re making you pay for health insurance because they want the best for you. (Whoops! I mean “the United States is making you pay for health insurance . . .”) And, you can’t afford a house or much food because Massachusetts is just toughening you up. The commuter train is a test of your patience and forbearance. It’s all for the best. Trust us.)

Where is Alex's law office?

Located in Taunton, MA and serving throughout all of Massachusetts, Alex's goal is to provide dedicated, personalized legal services at affordable rates.

Can you get a lawyer in DCF?

As many people know in criminal cases, because of some constitutional protections you are entitled to a lawyer and again, a court appointed one if you qualify. In most DCF cases, including what is called a Care and Protection case, your parents, children and potentially the guardian or somebody who has custody maybe entitled to a court appointed attorney.

What is the law on durable power of attorney in Massachusetts?

What is the law on durable power of attorneys in Massachusetts? The law states that the durable power of attorney should have been assigned in writing on a signed document, with two witnesses present.

What is a durable power of attorney?

A durable power of attorney is someone that can make health care decisions on your behalf when you are going through medical issues. They will make these decisions based on what you have stated in your living will. These might be decisions based on whether you should receive medical care that prolongs life in a given situation, whether you would like to receive palliative care or whether you want to be resuscitated in the event of a medical emergency.

What to do if you are not going to provide some materials specified in the order?

In addition, if you are not going to provide some materials specified in the order, like testing materials that are not supposed to be distributed to those not qualified to have them, you must note the absence of these records in your response to the order. However, if the judge subsequently orders you to turn those materials over, you should comply.

What if you get a subpoena with an authorization?

At that point in time they need to work with their attorneys to decide what is in their best interest legally but, without an authorization, the information cannot be provided.

Can a psychologist be subpoenaed?

There are times when a psychologist will be subpoenaed to appear with their records to testify in court. If this occurs without an authorization, you will likely still have to appear. It is a good idea when you receive this type of subpoena to contact the lawyer making the request to let him or her know that you are going to assert privilege on the stand or in your testimony on behalf of your client.

Can a subpoena be released without a lawyer's authorization?

Therefore, you must contact the lawyer seeking the information and explain that without an authorization from a client , the records cannot be released.

Do psychologists need to be represented at depositions?

For purposes of a deposition subpoena, it is becoming more frequent for a psychologist to have legal representation at depositions both to protect the psychologist and to help in the determination of what is appropriate for disclosure. If you receive a subpoena to appear at a deposition, it is best to contact your malpractice insurance carrier who may provide you with counsel for this limited purpose at no cost to you.

What happens if you receive a court order for records?

In a simple sense, if you receive a court order for records you must comply or risk sanctions by the court.

What does it mean when a court order requires a patient to disclose their medical records?

What this means is that a judge has determined that your clients records must be disclosed as part of a legal proceeding and that this disclosure is consistent with the law.

What is attorney client privilege?

The attorney-client privilege protects communications between a client and his or her attorney from disclosure. The classic definition of the attorney-client privilege indorsed by the Massachusetts Supreme Judicial Court is where legal advice of any kind is sought from a professional legal advisor in his capacity as such, the communication relating to that purpose made in confidence by the client are permanently protected from disclosure by the legal advisor unless the client waives the privilege. The privilege exists not only to protect the giving of professional advice to those who can act on it but also the giving of information to the lawyer to enable him to give sound and informed advice.

Is attorney client privilege waived?

The court continued that while the high societal value of attorney client privilege justifies its recognition, the need for broad access to useful evidence requires a narrow construction and the imposition of the burden of establishing the privilege on the party seeking its protection. The privilege may be deemed waived by circumstances or conduct. For example, the participation of a third person during attorney-client conferences, even if that person is a relative of the client, or sharing attorney-client email correspondence with another person generally waives the privilege with regard to that communication. Additionally, by rule disclosure may be permitted to prevent commission of a crime, the wrongful incarceration or execution of another, and to the extent necessary for a lawyer to defend against a claim between a lawyer and client. Therefore, prior to disclosing sensitive information to an attorney, it is always wise to confirm with the attorney that the attorney-client privilege will apply to the communication.