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PREAMBLE
Your relationship with your lawyer is governed both by the agreement you make with the lawyer
and by the laws and rules that govern the lawyer's conduct. Those laws and rules give you
rights that you should know about before you agree to retain an attorney.
CLIENT BILL OF RIGHTS
- Before you retain a lawyer to represent you, you have a right to:
Know about the lawyers education, training and experience.
Receive an estimate of the costs and fees the lawyer expects to incur
in representing you. You should recognize that some legal matters
become more complicated and expensive than originally anticipated.
Understand the possible consequences of the representation, including
adverse consequences that may result if litigation is unsuccessful, for example.
Know whether the lawyer has previously represented any adverse parties.
Discuss and bargain about the proposed fee and the rate or percentage fee.
Know if the lawyer carries malpractice insurance.
- At the time you retain a lawyer, you have a right to:
Agree-in writing if you request--on the services to be provided and
the fees to be charged. If you agree on a contingent fee, the fee
percentage should be stated. If you agree to fees based on hourly or
other unit rates, the rate should be stated.
Direct the objectives of the representation, unless the objectives
are illegal or unethical.
- When a lawyer is representing you, you have a right to:
Be represented competently.
Be represented zealously, but honestly and with respect for the rights
of others and the orderly administration of justice.
Receive from your lawyer information about the representation and
copies of documents prepared on your behalf.
Ask about the progress of the case at reasonable intervals.
Demand reasonable diligence and promptness by your lawyer.
Expect your lawyer to explain matters so you can make informed
decisions about the representation.
Be consulted on the means your lawyer will use in representing you.
Learn about and explore methods other than litigation for resolving
your disputes, including mediation, arbitration and conciliation.
In a civil matter, decide whether to accept an offer of settlement.
In a criminal matter, decide what plea to enter, whether to waive
jury trial, and whether you will testify.
Demand that your lawyer exercise independent professional judgment
on your behalf, free from compromising influences.
Receive a statement showing the work performed by your lawyer and
the costs incurred before you pay any bill.
Be referred to other counsel if your lawyer cannot represent you
properly.
- At any time after you have consulted a lawyer, you have a right to:
Expect the lawyer to preserve your confidence, secrets, and
statements revealed during the consultation.
Expect the lawyer to be courteous and considerate.
Contact the State Bar of Montana if you believe the lawyer's fees
are inappropriate.
Contact the Commission on Practice (406-444-2608) if you believe the
lawyer has acted unethically.
YOU DO NOT HAVE A RIGHT TO:
- Ask your lawyer to violate the law, act unethically, take unreasonable
or arbitrary positions against his professional judgment, or do anything
repugnant to his own sense of honor and propriety.
- Demand that your lawyer endorse your political, economic, social or moral
views or activities.
How You CAN HOLD DOWN YOUR LEGAL FEES.
- Before you visit the lawyer, gather all papers related to the case and write
down all facts you can recall and the names, addresses and telephone numbers
of all persons involved.
- Be as accurate as you can. Disclose the facts fully and honestly, good and bad.
- Get legal advice early before signing documents or taking legal action. It
is less difficult and less expensive to prevent a problem than to fix it.
- Avoid unnecessary telephone calls to your lawyer, but be sure to call to provide
any significant information you acquire since you last spoke to your lawyer.
- Ask how much legal action will cost, and if you cannot recover those costs
through litigation, explore methods other than litigation, or abandon the claim.
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