CLIENT BILL OF RIGHTS

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THE RIGHT TO COMPETENCE

You have the right to competent legal services.   This applies no matter what you pay or whether you are in default of your financial obligations.   This applies whether you are a big fish in a small pond or a small fish in a big pond.  This applies notwithstanding any agreement to the contrary.  This applies even if you are aware that your attorney has little or no experience in the particular type of legal matter.   This does not mean that you are entitled to excellent, perfect, or even very good legal services nor does it mean that you are entitled to win, to achieve the end for which you have engaged the attorney, or to have a mistake-free experience with your attorney.

THE RIGHT TO COMMUNICATION

You have the right to be kept informed by your attorney about significant events, and to have prompt responses to your requests for information and documents.  You have the right to be consulted with about the means the attorney is employing to achieve your ends.   This means that you have a right to be part of the team.   This means that you have the right to ask questions and to receive answers and documents.   This means that you may participate in your case.   It does not mean that unreasonable requests for information must be honored, or that insignificant developments in the case must be reported.  It does not mean that you have the right to this information and documentation immediately upon demand, but within a reasonable timeframe.  

THE RIGHT TO CONSCIONABLE FEES

You have the right to be charged conscionable fees.  You have the right to be free from collection of an unconscionable fee.  Conscionability is based upon the totality of all prevailing circumstances at the time the fee agreement is made.   Some examples of factors in considering the conscionability include the amount charged in proportion to the value of the services performed, your level of sophistication, and difficulty of the legal matter, the results obtained, the experience of the attorney, and how much labor was required by the attorney.   This does not mean that you have a right to have a fee that you can afford, that a fee is unconscionable solely because you did not achieve your end, or that you will not owe the attorney the conscionable portion of an unconscionable fee.

THE RIGHT TO CONFIDENTIALITY

You have the right to have your confidential communications with your attorney kept confidential.   You have the right to consult with your attorney, communicate with your attorney and to be communicated to by your attorney and to have those communications kept confidential.   This means that your attorney is prohibited from disclosing your confidential communications to anybody.   There are notable exceptions, waivers, and qualifications though.  Your attorney may disclose your communications that you authorize to be disclosed to accomplish your ends.    Your right to confidentiality might be waived if you disclose the information to anyone other than your attorney.