Charles Block

The attorney/client relationship can be a positive relationship only if both sides take an active role in working together. There are duties and obligations on the part of both the attorney and the client. Without active participation and cooperation from both parties the relationship can fail.

What is the Lawyer's Role?

As we have learned earlier in this brochure, the lawyer's behavior is governed by various codes of ethical conduct and professional responsibility, as well as rules of court and governing law. However, the lawyer's actions should also be governed by self discipline, the exercise of good judgment and reliance upon experience. A breach of these standards may be grounds for termination of the attorney/client relationship, or even worse, professional discipline. Accordingly, what should the client expect from the lawyer?

L.    Liaison: The lawyer is the link between the client and the law. As such, the lawyer has a duty to explain the process and keep the client up to date at all times.

A.    Avoidance of Conflict: The lawyer's loyalty is to the client. As such, the lawyer should not engage in other representation to the client.

W.    Willingness to safeguard: The "attorney/client privilege" demands that all communications between the client and lawyer be held in trust by the lawyer.

Y.    Yield: As an advocate, the lawyer must give way to the client's desire to the greatest extent possible. One exception is where the client asks the lawyer to engage in improper or illegal conduct.

E.    Experience: The lawyer must have the requisite skills and ability to analyze and handle the client's particular cause of action.

R.    Reasonableness: The layer has a duty to focus on the individual needs of the client. The lawyer must exercise fair billing practices, act diligently in pursuing the claim, respect the client, and safeguard the client.

What is the Client's role?

No matter how the lawyer performs his or her role, if the client does not hold up the other end of the relationship, the relationship will be doomed to fail. The lawyer expects the following from the client.

C.    Candor: The client must be honest with the information provided to the lawyer.

L.    Listen: The client's attention must be focused on the issue at hand.

I.    Inquire: If the client does not understand some aspect of the case, the client must ask.

E.    Expectation: The client must be realistic. Results are not always what one expects and results do not occur overnight. Lawyers are trained to research and analyze. They may not always have immediate answer to a question and some questions may not have a specific answer.

N.    Notify: The client must keep the lawyer up to date on any facts that may arise during the case.

T.    Timing: When the lawyer makes a request of the client, the client must act promptly. This includes payment for services rendered and responses to information requested.

How do I know the lawyer is competent?

You will be able to assess the lawyer's ability to handle your claim. After telling the lawyer about you case, ask yourself the following.

Did the lawyer seem to know what he or she was talking about?

Was the exchange of information comfortable?

Did the lawyer offer suggestions and ask questions?

If you doubt the lawyer's ability at this point, ask the lawyer the following.

Are you familiar with this type of case?

How many of these cases have you handled?

Are other lawyers in the firm well versed in these cases?

How many of these cases have you won?

When this proper exchange of information takes place, you will know whether or not lawyer is the right person for the job.