what is a matter when you talking about attorney cases

What should a lawyer tell a client about a case?

Some of the reasons why you may want to speak to a lawyer include: 1. You Want to Get the Facts. A licensed lawyer that practices in the area of law in which you have questions can tell you about the applicable laws that apply to your case. Looking for information online may yield inaccurate or outdated information.

What does my lawyer want to know about me?

If your friends or family are summoned to court and have to give sworn testimony, they will have to answer questions under oath and would be compelled to share anything you had said about your case. Avoid Contact with Law Enforcement. Always check with your attorney before talking to anyone about your case, including law enforcement. Law enforcement agents may express …

Can a lawyer ask for documents from a case?

In addition to learning about you and hearing your narrative, your lawyer will also want to see documents and evidence, both for informational purposes and to help assess the strength of your case. Your Contact Information. Regardless of the type of legal matter, your lawyer will want to know who you are and how to contact you.

Are you telling the truth to your lawyer?

Jan 22, 2020 · Communications with Represented Persons—Issues for Consideration. Rule 4.2 of the American Bar Association's Model Rules of Professional Conduct provides: "In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the …

What is a matter in a law firm?

matter n. 1 : a subject of consideration, disagreement, or litigation: as. a : a legal case, dispute, or issue [a within the court's jurisdiction] often used in titles of legal proceedings [ of Doe] see also in re.

How do you deal with legal matters?

Document And File Everything. ... Be Impartial And Consistent. ... Deal In Facts Only. ... Keep It Clear And Concise. ... Be Familiar With Applicable Laws. ... Focus On The Issue. ... Be Your Organization's Own Worst Critic. ... Keep It Confidential.More items...•Feb 27, 2020

Why you shouldn't talk about an open case?

It's probably obvious why you should never talk to the press about in-progress litigation. You are creating a public record that could be seen by everyone in your community, including the opposition, and that will be admissible in court.

Can you talk about a case?

Technically, you can discuss criminal charges with anyone you want, but in most cases, it's best to reserve discussion until after you've negotiated a plea or gone to trial and received a verdict. One should always use caution when discussing their criminal charges with law enforcement without a lawyer present.Jan 10, 2019

How do you overcome legal issues?

Competent management and understanding of your market can save you from the most common pitfalls. But what about legal trouble?...Here are a few ways you can keep legal trouble from endangering your small business.Protect Your Reputation. ... Incorporate Yourself. ... Avoid Suspicious Situations. ... Get Protected. ... Stay Vigilant.

What are legal issues?

Legal issue or issue of law is a legal question which is the foundation of a case. It requires a court's decision. It can also refer to a point on which the evidence is undisputed, the outcome of which depends on the court's interpretation of the law.

Why do lawyers tell you to not to talk?

“Don't talk about your case.” Nearly all attorneys advise clients not to discuss ongoing legal matters. But why? In a criminal case the reason is obvious. Any statement made by a person of interest can easily be turned around by prosecutors and used against him or her.Mar 30, 2014

Can a lawyer tell you not to talk to someone?

In the real word, clients are often advised by their attorneys not to speak to certain people, like opposing parties or potential witnesses, and if an attorney knows a person is represented by an attorney, the rules of legal ethics forbid speaking to that person without the permission of the other attorney.

Can you talk about a pending lawsuit?

Talking about your case while it's in the process can seriously damage your chances at achieving a full and fair settlement or court judgment. Anything you say, either on social media or to the press, can become admissible in court.May 9, 2018

Can you talk about a court case on social media?

Courts have a track record of admitting social media data as evidence. Though often this kind of information must be “authenticated” by the trial court, social media evidence can swing a case one direction or another.

When can I talk about a court case?

You are allowed to tell another person about your case if it is necessary in order to get confidential advice and support about your case. That person must not pass information on to any other person and you must check they understand this.

What happens if you talk in court?

The Gist of this Article: California Penal Code § 4570 does make it a misdemeanor someone to communicate, without permission, with someone in custody. ... Other times, the judge may politely state “Ma'am, it is a misdemeanor to communicate with a person in custody while in the courtroom.”

The Importance of Confidentiality

Do not talk to anyone regarding anything about your case without first discussing the matter with your attorney. Because of attorney-client privilege, your attorneys are ethically bound to keep any conversations between you confidential.

Avoid Contact with Law Enforcement

Always check with your attorney before talking to anyone about your case, including law enforcement. Law enforcement agents may express an interest in helping you. Keep in mind that one of their duties may be to make a case against you.

What do lawyers want to see in a case?

In addition to learning about you and hearing your narrative, your lawyer will also want to see documents and evidence, both for informational purposes and to help assess the strength of your case.

What to know before meeting with a lawyer?

Before you get too far into a meeting or conversation, the lawyer will want to know about any possible conflicts of interest that might prevent him or her from ethically representing you.

What are the goals of a lawyer?

Typical goals might include: review and provide comments on a contract or legal document. draft a will.

How to respond to a legal complaint?

respond to a legal complaint, lawsuit, or threatening letter. research whether you have a meritorious legal claim against another person or entity. draft a legal complaint or demand letter to another person or entity, or. negotiate a lease, contract, or other agreement.

What is contact rule?

The contact rule only governs communications with represented persons about the subject matter for which they are represented.

What is the ABA model rule of professional conduct?

Rule 4.2 of the American Bar Association's Model Rules of Professional Conduct provides: "In representing a client , a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter , unless the lawyer has the consent of the other lawyer or is authorized by law to do so by law or a court order." (2002). Department attorneys should be aware that Comment 5 to Model Rule 4.2 provides that " [t]he fact that a communication does not violate a state or federal constitutional right is insufficient to establish that the communication is permissible under this Rule." Although the rule may vary from state to state, each state has adopted a rule of professional conduct that governs communications with represented persons. Department attorneys should be guided by the relevant state's or federal district court's rule and interpretations of that rule and should not rely exclusively on the ABA Model Rule and its interpretation in determining what is appropriate conduct, unless directed to do so by the relevant rules of professional conduct. Nonetheless, as a general matter, it may be useful to review ABA Committee on Ethics and Professional Responsibility Formal Opinion 95-396, "Communications with Represented Persons" (July 24, 1995), and the Annotated Model Rules of Professional Conduct published by the ABA Center for Professional Responsibility.

Can a lawyer represent a person?

A lawyer who represents a person or entity cannot assert a blanket representation by which that lawyer purports to represent the person or entity on all subjects and all matters. The rule does not govern communications with a represented person concerning matters outside the representation.

Can you contact former employees?

Many states' contacts rules do not prohibit contact with former employees of a represented organization; however, even when communicating with former employees is permissible, the discussion should not include attorney-client privileged information.

What happens if your lawyer doesn't communicate?

A lack of communication causes many problems. If your lawyer appears to have acted improperly, or did not do something that you think he or she should have done, talk with your lawyer about it. You may be satisfied once you understand the circumstances better. I have tried to discuss my complaints with my lawyer.

What to do if you have a complaint about a lawyer?

If you believe you have a valid complaint about how your lawyer has handled your case, inform the organization that governs law licenses in your state. Usually this is the disciplinary board of the highest court in your state. In some states, the state bar association is responsible for disciplining lawyers.

What is the relationship between a lawyer and a client?

In a lawyer-client relationship, acting responsibly involves duties on both sides—and often involves some hard work. You have a right to expect competent representation from your lawyer. However, every case has at least two sides. If you are unhappy with your lawyer, it is important to determine the reasons.

Can a lawyer write a will?

For example, a lawyer may not be involved in writing a will for a client who leaves the lawyer substantial money or property in that will. Keeping Clients’ Property. If a lawyer is holding a client’s money or property, it must be kept safely and separately from the lawyer’s own funds and belongings.

What is the job of a lawyer?

Communication. A lawyer must be able to communicate effectively with a client. When a client asks for an explanation, the lawyer must provide it within a reasonable time. A lawyer must inform a client about changes in a case caused by time and circumstances. Fees.

Can a lawyer represent two clients?

A lawyer must be loyal to his or her client. This means that a lawyer cannot represent two clients who are on opposite sides in the same or related lawsuits. And, ordinarily, there can be no representation of a client whose interests would conflict with the lawyer’s interests.

How to feel comfortable with an attorney?

You should feel comfortable from the beginning of your attorney-client relationship that you will be able to have regular communications with your counsel. Make sure that you exchange contact information and agree on the ways that you will stay in touch.

What is a conflict in a lawyer?

If the lawyer’s representation of prior or existing clients would limit the attorney’s ability to represent you, there is likely a conflict. For example, if you want to sue a hospital that the potential lawyer regularly represents, there would be a conflict. A conflict might also arise if the attorney you are interviewing has already been hired by ...

Why is it important to choose the right lawyer?

Choosing the right lawyer is a very important decision—whether you were in a car accident, have a medical malpractice claim, or find yourself the target of a criminal investigation. Referrals from friends or co-workers can be great, but you need to do your homework to make sure you have the right attorney for the job.

What is the importance of having a lawyer?

Getting a lawyer with the right legal background is essential, but it is also important to know whether your attorney has experience with the judges who will likely preside over your case. If yours is a criminal matter, it is important to know if your lawyer knows the local prosecutors. This courtroom experience can greatly enhance your lawyer’s ability to evaluate the likely outcomes in your case and give you advice that you can rely on.

How can a lawyer save you money?

Your lawyer can often save you money by delegating routine tasks to firm employees who charge a lower hourly rate. However, your lawyer should be involved in all key aspects and decisions of your case, or should explain to you why a colleague can handle some important part of the matter just as well.

What is the process of a civil case?

In civil cases, your lawyer might propose mediation , a settlement negotiation process involving a neutral third-party. Other times, arbitration might be an option. Arbitration— using a private service to adjudicate a dispute—is a less formal, less costly, and faster way of getting a decision in some civil matters.

What is contingency fee?

In cases where you are suing for monetary damages, the lawyer may represent you for a “contingency fee.”. This means the attorney gets paid a portion (typically one-third) of the amount you receive after a successful trial or settlement. Make sure you discuss expenses as well as attorney fees.

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 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 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.

Why is credibility important in court?

Credibility is one of the most important things in this world - and most important in a courtroom. If you care enough only to wear sweats to the courthouse, then the judge will see that you don't care, and that will be reflected in their desire to help you, listen to you, and decide in your favor. Step it up.

Do juries get it right?

While juries usually get it right, sometimes, it's not about whether a particular matter is emotional or simple, complicated or straightforward. Sometimes people make decisions on who has the nicer suit, or who is more pleasant to deal with. So even if your case is good or even if it's not so strong.

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.

How to get a good lawyer to take your case?

“If you want to improve your chances of securing the best lawyer to take your case, you need to prepare before you meet them,” advises attorney Stephen Babcock. “Get your story, facts, and proof together well before your first meeting.” This not only ensures that you understand your own needs, but it helps a good lawyer to ascertain whether he or she can actually help you. “We want the best clients too. Proving you’re organized and reliable helps us.”

Why is it important to approach a lawyer with honesty?

“ Winning cases can be lost because of a client who lies or exaggerates just as easily as because of a lawyer who tells the client what the client wants to hear instead of what is true.” So when dealing with attorneys, don’t just look for honesty—be honest.

What is a potential money pit?

When hiring an attorney, a potential money pit is “expenses” outside of the lawyer’s billable hours. Expenses include everything—copying and faxing costs, hiring expert witnesses, and even traveling via private jet, points out attorney Justin C. Roberts. Some lawyers don’t just pass the charges along; instead, they charge an additional percentage fee. Whatever their method, you need to know it up front so there won’t be any surprises when the bill arrives.

Do good lawyers always find every opportunity to keep a case from being decided by a judge?

“In my experience, a good lawyer always finds every opportunity to keep a case from being decided by a judge, and only relents on trying a case before the bench when all alternatives have been exhausted,” attorney, Jason Cruz says. “If a lawyer suggests they want to try the case in front of a judge, you should definitely speak with another lawyer before proceeding,”

Can you appeal a disability denial?

If you feel helpless when faced with an insurance denial, please know that you might be able to appeal with the help of a qualified lawyer, says David Himelfarb, attorney. Insurance companies routinely deny long-term disability claims, for example, particularly because it’s assumed that most people don’t have access to reputable attorneys to challenge the denial. “This is where intricate knowledge of the legal and insurance process, as well as the right team of experts to prove the claim, can reverse the odds.”

Do most cases settle outside the courtroom?

In choosing your attorney and your plan of action in resolving a dispute, it’s important to consider that despite what you see on television, most cases never see the inside of a courtroom. Typically, they’re settled outside the courtroom because of the time and expense involved, according to attorney Darren Heitner, author of How to Play the Game: What Every Sports Attorney Needs to Know.

What is the rule of a lawyer?

Subject to rule 1.2.1, a lawyer shall abide by a client’s decisions concerning the objectives of representation and, as required by rule 1.4, shall reasonably* consult with the client as to the means by which they are to be pursued. Subject to Business and Professions Code section 6068, subdivision (e)(1) and rule 1.6, a lawyer may take such action on behalf of the client as is impliedly authorized to carry out the representation. A lawyer shall abide by a client’s decision whether to settle a matter. Except as otherwise provided by law in a criminal case, the lawyer shall abide by the client’s decision, after consultation with the lawyer, as to a plea to be entered, whether to waive jury trial and whether the client will testify.

What is the requirement that the sale of all or substantially of the law practice of a lawyer?

[1] The requirement that the sale be of “all or substantially* all of the law practice of a lawyer” prohibits the sale of only a field or area of practice or the seller’s practice in a geographical area or in a particular jurisdiction. The prohibition against the sale of less than all or substantially* all of a practice protects those clients whose matters are less lucrative and who might find it difficult to secure other counsel if a sale could be limited to substantial* fee-generating matters. The purchasers are required to undertake all client matters sold in the transaction, subject to client consent. This requirement is satisfied, however, even if a purchaser is unable to undertake a particular client matter because of a conflict of interest.

What is the duty of undivided loyalty?

The duty of undivided loyalty to a current client prohibits undertaking representation directly adverse to that client without that client’s informed written consent.* Thus, absent consent, a lawyer may not act as an advocate in one matter against a person* the lawyer represents in some other matter, even when the matters are wholly unrelated. (See Flatt v. Superior Court (1994) 9 Cal.4th 275 [36 Cal.Rptr.2d 537].) A directly adverse conflict under paragraph (a) can arise in a number of ways, for example, when: (i) a lawyer accepts representation of more than one client in a matter in which the interests of the clients actually conflict; (ii) a lawyer, while representing a client, accepts in another matter the representation of a person* who, in the first matter, is directly adverse to the lawyer’s client; or (iii) a lawyer accepts representation of a person* in a matter in which an opposing party is a client of the lawyer or the lawyer’s law firm.* Similarly, direct adversity can arise when a lawyer cross-examines a non-party witness who is the lawyer’s client in another matter, if the examination is likely to harm or embarrass the witness. On the other hand, simultaneous representation in unrelated matters of clients whose interests are only economically adverse, such as representation of competing economic enterprises in unrelated litigation, does not ordinarily constitute a conflict of interest and thus may not require informed written consent* of the respective clients.

Can a lawyer represent a client without written consent?

A lawyer shall not , without informed written consent* from each client and compliance with paragraph (d), represent a client if the representation is directly adverse to another client in the same or a separate matter.

What is an other pecuniary interest?

[1] A lawyer has an “other pecuniary interest adverse to a client” within the meaning of this rule when the lawyer possesses a legal right to significantly impair or prejudice the client’s rights or interests without court action. (See Fletcher v. Davis (2004) 33 Cal.4th 61, 68 [14 Cal.Rptr.3d 58]; see also Bus. & Prof. Code, § 6175.3 [Sale of financial products to elder or dependent adult clients; Disclosure]; Fam. Code, §§ 2033-2034 [Attorney lien on community real property].)However, this rule does not apply to a charging lien given to secure payment of a contingency fee. (See Plummer v. Day/Eisenberg, LLP (2010) 184 Cal.App.4th 38 [108 Cal.Rptr.3d 455].)

Can a lawyer enter into a business transaction with a client?

lawyer shall not enter into a business transaction with a client, or knowingly* acquire an ownership, possessory, security or other pecuniary interest adverse to a client, unless each of the following requirements has been satisfied:

What happens after a lawyer terminates a client relationship?

[1] After termination of a lawyer-client relationship, the lawyer owes two duties to a former client. The lawyer may not (i) do anything that will injuriously affect the former client in any matter in which the lawyer represented the former client, or (ii) at any time use against the former client knowledge or information acquired by virtue of the previous relationship. (See Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811 [124 Cal.Rptr.3d 256]; Wutchumna Water Co. v. Bailey (1932) 216 Cal. 564 [15 P.2d 505].) For example, (i) a lawyer could not properly seek to rescind on behalf of a new client a contract drafted on behalf of the former client and (ii) a lawyer who has prosecuted an accused person* could not represent the accused in a subsequent civil action against the government concerning the same matter. (See also Bus. & Prof. Code, § 6131; 18 U.S.C. § 207(a).) These duties exist to preserve a client’s trust in the lawyer and to encourage the client’s candor in communications with the lawyer.