Choosing the right lawyer can be a daunting challenge. Gone are the days of the country lawyer who was expected to be able to handle anything from a simple will to a complex criminal case. The law has become extremely diversified over the last several decades.
In addition, lawyers, like doctors, each have their own bedside manner when it comes to relating with the client. Some of us are more approachable than our fellow colleagues who may possess great talent and skill, but have trouble relating to the client.
The lawyer-client relationship is the cornerstone of legal practice. It is a strictly governed, partnership founded on confidentiality, loyalty, competence, and defined boundaries. Once established, the attorney acts as the client’s legal agent, and is bound by strict ethical rules to zealously protect his client’s rights and best interests.
The Core Duties: Confidentiality: Lawyers are legally barred from disclosing client communications. This ensures clients can speak freely without fear that private information will be used against them.
Duty of Loyalty & Conflicts of Interest: An attorney is required to act solely in the client’s best interest. Lawyers cannot represent clients whose interests directly conflict with another client or the attorney’s own personal interests.
Competence & Diligence: Lawyers are ethically required to only handle legal matters within their legal knowledge, expertise and competence. And they must always pursue client’s objectives with reasonable promptness.
Open Communication: When a client trusts their lawyer, they are more likely to disclose complete facts—even embarrassing ones—which is essential for building a strong case.
Allocation of Decision-Making: The client and the attorney have distinct roles and boundaries regarding how a case is handled. With the advent of the Internet, clients increasingly attempt to conduct their own legal research. This is like self-diagnosing one’s illness by consulting non-reliable medical “experts” on-line. While clients dictate the ultimate objectives of the representation, it is their lawyer’s role to provide the technical, legal, and tactical means to achieve those goals—such as what witnesses to call or which legal motions to file.
Formation and Termination Formation: The relationship often begins with an initial consultation or screening process, but is solidified by an engagement letter or written retainer agreement that outlines the scope of work and fee arrangements.
Termination: Clients have the right to fire their lawyer at any time. Attorneys are also permitted—and sometimes required—to withdraw from representation if the client insists on illegal actions, fundamental conflicts arise, or the client fails to meet their contractual obligations.
Knowledge of these basics of the lawyer-client relationship can lead to a lasting relationship built on mutual trust and respect.
Larry L. Crain, Crain Law Group, PLLC – 615-376-2600
