The Attorney Client Relationship

If you’re like many Montana residents, you seldom need an attorney. However, when a situation arises that requires legal representation, you may not know what to expect from an attorney, even after you have asked for references and searched the review sites. It’s critical that both you and your attorney have a solid understanding of what the other one expects. This can help you attain the best possible outcome for your case.

Whether you are injured in a car crash, need help with your company’s trademark issues , or have a property rights dispute , you may benefit from legal advice. Here are some things you can expect from your attorney.

One of the most challenging aspects of a case can be communication. If you aren’t sure about the status of the case or what to expect going forward, you may assume your lawyer isn’t very good. This is not necessarily true. He or she may be doing a great job, case-wise, but it can increase your stress when the communication isn’t there.

When you hire a lawyer, he or she should set expectations by:

You should expect a response to phone or email within a business day, even if they don’t have all the information you want. You should also receive updates regarding the status of your case.

When you hire a law firm, you expect that they will do a good job. Although the term “good” is subjective. There is no guarantee that your attorney can get the results you want. However, they should not mishandle your issue by failing to file a lawsuit on time. Examples of a competently handled case include:

Many bar associations monitor attorneys and take action against those who violate ethical rules or steal.

The Model Rules of Professional Responsibility developed by the American Bar Association provides the guidelines for a lawyer’s ethical conduct. Each state also has its own set of rules and regulations. The tenets that are particularly relevant to a client include:

An attorney cannot use confidential information regarding a client for his personal gain. Generally, the only time it can be divulged is with the client’s consent, after receiving full disclosure of the legal consequences. Confidential information can also be revealed if the client has the intent to cause serious injury or death.

Professional judgment refers to the process a lawyer uses to make a decision, not the decision itself. It requires knowledge and a deep understanding of the law. Ethically, an attorney cannot take on a client when there is a conflict of interest. He must also refrain from taking a case if he has a financial interest in it, other than the legal fees.

A lawyer must act with dedication and commitment on the client’s behalf. This includes pursuing the matter despite the personal inconvenience, opposition, or obstruction. He must work with reasonable diligence, but that does not require pushing for every advantage using offensive tactics. Ethical representation does not include false evidence, perjured testimony, or false statement for his client’s benefit.

To get the most from your attorney, you have to be able to work with him. Here are some of the things your law firm will expect from you.

Let your attorney know the best way to contact you and be available as much as possible. In some situations, time is of the essence. If you don’t understand what’s going on or have questions, ask. Even if there are facts that you feel are damaging to your case, be honest. He may be able to minimize their impact if he knows about them. By being an active participant in your case, you can help the attorney develop a strong strategy for a substantial settlement or ruling in your favor.

Your attorney may have news you don’t want to hear, or the strategy may seem to take you in a direction you don’t expect. Stay open-minded and work with the lawyer. The law often involves complex maneuvering. Even the smallest detail can help move your case forward in a favorable manner.

Make sure you understand the legal fees and how often you’ll be billed before you get started. Most attorneys do not go into law for the money. They often want to improve the system, ensure individuals’ rights are protected, or enjoy the thrill of a trial. As much as your lawyer may love what he does, it’s also his job, and he works hard to do the job well. In the same way that you likely don’t work for free, either does he. Make sure you pay on time.

 Your lawyer can’t guarantee the lawful outcome of your case, despite experience and expertise. Litigation is filled with uncertainty, and many things can happen outside of his control. If the unexpected occurs, be receptive. From the first meeting and throughout the legal process, your attorney may have told you what to expect at every phase. Keeping your expectations realistic in regard to your legal matters can help you work with your attorney for the best possible outcome.

The attorney-client relationship is a partnership, and each case is unique. Your lawyer will confer with you to determine the issue and work as your advocate. The RMK Law team has more than 40 years of combined experience and has successfully represented a wide range of Montana clients, from individuals and small businesses to Fortune 500 companies. Contact us online or reach out to our law office's lawyers by phone at (406) 601-1400 to schedule an appointment and learn more about our services and how we can provide affordable legal counsel.

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