<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by dansfvr:
OK-A family has hired an expensive criminal attny. to help get their innocent son out of prison. It's been almost 3 weeks and he has not made any contact. How does a person know that his/her money is being used appropriately? Is just an honor system? Do you hope your attny. is ethical? Is it too much to ask for a weekly update of the situation?
Thanks for your time. This is an excellent service/bulletin board.
[email protected]<HR></BLOCKQUOTE>
My response:
On behalf of myself, Lars Coltrane, ALawyer, MSAttorney, Tracey, a host of others, and yes, even LawGuy, we thank you for the nice compliment. We do try, much to the chagrin of some who think otherwise.
Now, on with the show:
Have YOU tried to contact your attorney? It is a two-way street. Your attorney owes you a reasonable and timely accounting of the retainer fee.
The Rules and laws in California (below) are not only logical, but similar in most States.
An attorney has a duty to keep the client reasonably well informed regarding the subject matter of the representation--i.e., to "respond promptly to reasonable status inquiries of clients and to keep clients reasonably informed of significant developments in matters with regard to which the attorney has agreed to provide legal services." [Ca Bus & Prof § 6068(m); see also Ca Professional Conduct Rule 3-500; ABA Model Rule 1.4(a)] A lawyer's failure to adequately communicate with a client may constitute incompetent representation resulting in State Bar discipline and malpractice liability. [Calvert v. State Bar (1991) 54 Cal.3d 765, 782, 1 Cal.Rptr.2d 684, 693--adequate communication with client is integral part of attorney's competent professional performance.
If you have an inquiry, I find that faxing the same to your attorney is quite adequate; then, you'll have a record of communication. Always ask for an accounting, and remember, each time you want to communicate with the attorney, a charge will be made - - so be aware.
Thanks again.
IAAL
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