Know Your Attorneys' Responsibilities

With this great profession comes great responsibilities.

All lawyers are subject to strict standards of professional responsibility which are laid down in codes of ethics, conduct and privileges, and the rules of professional conduct formulated by state bar associations. Your lawyer must represent you morally, enthusiastically and within the limits of the law. He must proficiently examine legal issues and exercise knowledge of the law applicable to your case. He must communicate with you in an appropriate and effective manner, too.

As the client, your lawyer owes you a duty of loyalty because he can't simultaneously represent you and another client with legal interests that conflict with yours. For so long, as he keeps on representing you, he is required to follow directions from you in handling your case unless what you’re giving them are illegal instructions. He must keep your personal property separate from his own property and must keep your money in an escrow account. And anytime you need it, he must return your money or property as soon as possible.

Except for rare circumstances, your lawyer is obliged to keep client confidences confidential. Based on the jurisdiction, lawyers may be not allowed from having personal relationships with their clients. Unless he first gets your informed written consent, he is prohibited from taking on representation that is adverse to your interests. Above all these, your lawyer might still have other responsibilities to you, depending on your case and the ethical rules that apply in your jurisdiction.

When you speak with an attorney about legal matters, your interactions with him are very much privileged. This means that subject to some very limited exceptions and unless you give permission, he can't unveil any information you provide him to a third party. As a client, on the other hand, you also have certain duties and responsibilities to your lawyer. These include being honest with him, being cooperative with and responsive to him, being available to him and attending legal proceedings as requested, and paying your legal bills on time. Anyway, a failure to abide by them may result in a lawyer deciding to terminate your client relationship.

On the contrary, if a lawyer fails to abide by the aforementioned rules, he can also be disciplined by any state bar association of which he is affiliated. It's possible that the lawyer may even be disbarred or prosecuted criminally for serious violations. Also, a failure to comply with the rules may be the basis for a malpractice action.