Wednesday, July 15, 2009

16 How can I help build a successful lawyer-client team?

You could make sure that:
• You and your lawyer have the same goals.
• You understand and are comfortable with
the lawyer’s working style. Get a clear picture of
the expected timetable in your case — when you
can expect significant developments, and when
and how often the lawyer intends to contact you.
• You provide the lawyer with the information
and documents necessary to understand your case.
• You understand and agree with the lawyer’s
billing practices.
• If you have questions or concerns about
your legal matter, you express them to the lawyer
and listen to his or her responses.
• You raise questions about your bill in a time-
ly manner. If appropriate, submit your questions to
the lawyer in writing.
These simple tips should help you develop a
positive, productive working relationship with
your lawyer. However, problems could still arise.
And in such instances, help is available. Many
local bar associations, for example, have client
relations programs that assist clients with non-
responsive lawyers.
Many of them also have fee arbitration pro-
grams to help clients resolve fee disputes with
lawyers. The State Bar’s Mandatory Fee Arbitration
(MFA) Program, conducted through the local bar
associations, is available to help resolve attorney-
client fee disputes without litigation. Attorneys are
required to participate in such arbitration if a client
requests it. If there is no local program to handle
your fee dispute or if a conflict of interest exists
with the local program in your case, contact the
State Bar’s MFA Program.
To locate a program in your area, contact your
local bar association. Or visit the State Bar’s Web
site (go to Public Services), or call the State Bar’s
MFA Program at 415-538-2020.
You may believe your lawyer intentionally
mishandled your case. Maybe he or she told you
that a will was filed for probate when it was not.
Perhaps the lawyer settled your personal injury
case without your approval. Or maybe you think
your lawyer misused or stole your money. As an
arm of the California Supreme Court, the State
Bar investigates complaints about attorney conduct
that could involve violations of legal ethics rules. If
an attorney is found guilty of ethical misconduct, he
or she could be disciplined. To file a complaint
against an attorney in California, call 1-800-843-9053
or go to Attorney Complaints on the bar’sWeb site.
You also might qualify for the bar’s Client
Security Fund, which compensates eligible
clients up to $50,000 for some losses caused by
an attorney’s misconduct. (The fund is supported
by all practicing California attorneys.)
If you believe that you’re eligible for such
a payment, call the State Bar at 213-765-1140. A
complaint must be filed against the attorney in
order to pursue a Client Security Fund claim.
For more information, see the State Bar pam-
phlet What Can I Do if I Have a Problem with My
Lawyer? To order a free copy of this pamphlet or
any of the State Bar’s consumer education pam-
phlets, send an e-mail to pamphlets@calbar.ca.gov.
To find out how to order pamphlets by mail, call
1-888-875-LAWS (5297). Or, visit the State Bar’s
Web site — www.calbar.ca.gov — where you’ll
find the online versions of the bar’s consumer
education pamphlets, as well as information on
ordering them.

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