What Are Your Rights and Responsibilities as a Legal Client?

At some point in your life, you will no doubt have to retain the services of a lawyer. If you plan to buy a home, begin a lawsuit or defend yourself against someone else’s legal action, commence divorce proceedings, start up a business, sue for custody, or adopt a child, you’ll need the guidance and expertise of a legal professional. Do you know what your rights and obligations as a legal client are?

Before you sign that retainer agreement, you should be very clear on what will be required of you, and what the lawyer’s duties are with respect to disclosure, client confidentiality, and the overall manner in which he/she represents you. A lawyer can give you expert advice and service in legal matters. If you have broken the law, your lawyer will offer confidential advice and represent you in court. A lawyer will make sure you know what the law is and how it affects your situation. He/She will explain your options and help you make decisions and take actions which are in your best interests. As the client, you are a participant in this process and you must therefore understand what your role is. The specifics may change from country to country, but generally speaking, the relationship between you and your lawyer (attorney, barrister, solicitor, advocate, etc.) is governed by the same rules of professional conduct, as well as by the human rights, nondiscrimination and consumer protection laws and regulations in force within the jurisdiction.

Your Rights as a Client

1. Right to Information

You have the right to be fully informed about all aspects of the matter. To ensure that you have all the information, you should ask questions about any term or legal point you don’t understand. Your lawyer is required to provide you with a clear explanation of the types of service that will be provided, and you have the right to agree to receive or not to receive any of those services. You are entitled to copies of all correspondence and documents with respect to your legal matter. If your case involves a court action, you have the right to be present in court during all proceedings.

2. Right to Representation

You are entitled to receive professional, honest and unbiased advice, and to be represented by an attorney who is capable of handling your matter and who will represent you zealously. You have the right to know how many lawyers and support staff will be involved at any given time, and how much you will be charged for the services of each. You are entitled to receive a response to your letters, phone calls and emails within a reasonable time. Keep in mind that your legal representative cannot guarantee any particular results, but they are obligated to exert their best efforts on your behalf.

3. Right to Non-Discrimination

You are entitled to be treated with professional courtesy, respect and fairness, without regard to race, creed, national origin, age, gender, sexual orientation or disability. A lawyer cannot refuse to represent you on the basis of any of those factors.

4. Right to Confidentiality

You are entitled to privacy and client confidentiality. Your lawyer must not reveal any confidences or secrets you have imparted to him/her without your consent. However, your counsel may have a duty to the court to release information regarding funds you have paid into trust / escrow, which may supersede the client confidentiality consideration.

5. Right to Retainer

You are entitled to a written retainer (fee) agreement which will clearly explain the nature of the relationship and the details of the fee arrangement. You have the right to include additional provisions in the agreement. The lawyer must advise you of the proposed rates, retainer fee, and a good faith estimate of the total costs, which may be subject to change, depending on the circumstances. Before entering into a retainer agreement, your lawyer must advise you how you will be expected to pay your legal bills, and how your retainer will be spent. You have the right to refuse to enter into any fee arrangement that you find excessive or unsatisfactory. Your attorney may not request a retainer fee that is nonrefundable, in the event you change lawyers. You are under no legal obligation to sign a confession of judgment or promissory note, or to consent to a lien or mortgage being placed on your home to cover legal fees. The retainer agreement must specify in writing if, and under what circumstances, such security may be requested. If your attorney has a security interest in your marital home, it cannot be foreclosed on. You are entitled to receive a clear, written, itemized invoice on a regular basis, which shows the work that was done and the amounts charged for disbursements and costs. You have the right to have the lawyer’s bills assessed and taxed if you believe they are too high.

6. Right to Deposit Funds in Trust / Escrow

If you deposit funds into escrow with your attorney, the attorney must safeguard the funds in a special trust account. You are entitled to a written escrow or trust agreement, and receipts and records concerning the funds. When the terms of the agreement have been performed, the attorney must promptly pay the funds to all persons entitled to receive them.

7. Right to Change Attorney

Subject to certain conditions, you have the right to terminate your retainer and engage another lawyer.

8. Right to File Complaint

You have the right to complain if you believe your legal counsel is acting unethically or in an unprofessional manner. Many complaints arise from a lack of communication between the attorney and the client. Raise the problems with your lawyer, discuss them and try to find a resolution. You have the right to file a complaint with the Law Society with respect to any of the following:

Persistent delays by your lawyer in answering letters or returning phone calls, which may negatively impact your case.
Failure to account for escrow / trust money held on the client’s behalf.
Improper, unprofessional or unethical conduct.
Failing to give proper attention to a matter.

The Law Society investigates all complaints received, to determine whether disciplinary action is warranted.

9. Right to Final Decision

You have the right to make the final decision with respect to the objectives and outcome of your case, including any decision regarding settlement.

Your Responsibilities to Your Legal Counsel

10. Relationship with Lawyer

You are obligated to be truthful in all discussions with your legal counsel and to provide correct and complete information and disclose all the relevant facts to enable him/her to give you the best advise and to competently represent you.
You are responsible for responding in a timely manner to all requests for information and documentation.
You are expected to treat your lawyer with respect and courtesy, in the same manner you would expect to be treated.
It is your responsibility to give your attorney clear instructions as to how you want your case to be handled, and not to unnecessarily take up his/her time, as you will be charged fees for this time and this will increase your costs.
Make sure that your expectations are realistic. Your lawyer cannot work miracles, and cannot guarantee the outcome of any situation.

11. Payment of Legal Bills

You are responsible for paying your legal fees and the lawyer’s necessary disbursements with respect to your case, within the time periods and in the manner agreed to in your retainer agreement.
It is your responsibility to ask questions about the fees and costs, so that you understand how your legal bills will be calculated.
You must pay a retainer or deposit, if requested to do so.
Your lawyer’s written retainer agreement must specify under what circumstances he/she may seek permission from the court to withdraw as your attorney for nonpayment of legal fees.
It is your responsibility to review the itemized bills you receive from your legal counsel, and raise any objections or errors promptly.

12. Abuse of System

It is your responsibility to use the legal system appropriately and not abuse it.

13. Advice

You are paying your lawyer to give you legal advice. It is up to you to follow that advice, and to take the actions your lawyer recommends. However, on the other side of the coin, it is ultimately your decision. But if your attorney advises you on a course of action and you decide not to take it, the blame cannot be placed on your attorney.