Your Rights as a Client
- You are entitled to be treated with courtesy and consideration at all times by your lawyer and your lawyer’s staff.
- You are entitled to an attorney who can handle your matter competently and diligently, consistent with the highest standards of the profession. If you are not satisfied with how your matter is being handled, you have the right to withdraw from that attorney-client relationship at any time, possibly subject to court approval. If you withdraw, your attorney may have a claim against you for the value of services rendered up to the point of discharge.
- You are entitled to your lawyer's independent professional judgment and undivided loyalty without conflict of interest.
- You are entitled to be charged a reasonable fee. Your lawyer should explain at the outset how the fee will be computed and the manner and frequency of billing. You should receive written itemized bills from your attorney at reasonable intervals. You may refuse to enter into any fee arrangement that you find unsatisfactory. If there is a fee dispute, you may have the right to seek arbitration.
- You are entitled to have your questions and concerns addressed promptly and to have your telephone calls returned promptly.
- You are entitled to be kept informed as to the status of your matter and receive copies of papers. You are entitled to sufficient information to allow you to participate meaningfully in the development of your matter.
- You are entitled to have your legitimate objectives respected by your attorney, including whether or not to settle your matter.
- You have the right to privacy in your dealings with your lawyer and to have your secrets and confidences preserved to the extent permitted by law.
- You are entitled to have your attorney conduct himself or herself ethically in accordance with the Code of Professional Responsibility.
- You may not be refused representation on the basis of race, creed, color, religion, sex, sexual orientation, age, national origin or disability.
Adapted from Section 1210.1 of the Joint Rules of the
Appellate Division, New York State
Your Responsibilities as a Client
Reciprocal trust, courtesy and respect are hallmarks of the attorney-client relationship. Within that relationship, the client looks to the attorney for expertise, education, sound judgment, protection, and advocacy. These expectations can be achieved if the client meets the following responsibilities:
- The client should treat the lawyer and the lawyer's staff with courtesy and consideration.
- The client must be candid with the lawyer and tell the lawyer about all facts or circumstances that bear on the matter being handled by the lawyer, even if the client believes that those facts may be detrimental to the client's cause or unflattering to the client.
- The client must honor the fee arrangement agreed with the lawyer.
- All bills for services tendered to the client as provided in the fee agreement should be paid promptly. Any concerns about the bill should be communicated promptly so they can be resolved.
- The client may withdraw from the attorney-client relationship, subject to financial obligations and possibly subject to court approval.
- The client should recognize that the lawyer has other clients equally demanding of the lawyer's time and attention.
- The client should maintain contact with the lawyer, promptly notify the lawyer of changes in contact information and should respond promptly to a request by the lawyer for information and cooperation.
- The client must realize that the lawyer need respect only legitimate objectives of the client and that the lawyer will not advocate or propose positions which are unprofessional or contrary to law or the Lawyer's Code of Professional Responsibility.
- The client should understand that the lawyer may be unable to accept a case if the lawyer has previous professional commitments which will result in inadequate time being available for the proper representation of a new client.
- The client should understand that a lawyer is under no obligation to accept a client if the lawyer determines that the cause of the client is without merit, a conflict of interest would exist or that a suitable working relationship with the client is not likely.
Adapted from an informational statement
adopted by the NY State Bar Association