Client’s Rights
Section 1210.1 of the Joint Rules of the Appellate Division (22NYCRR§1210.1)
- You are entitled to be treated with courtesy and
consideration at all times by your lawyer and
the other lawyers and personnel in your lawyer's
office.
- You are entitled to an attorney capable
of handling your legal matter competently and
diligently, in accordance with the highest standards
of the profession. If you are not satisfied with
how your matter is being handled, you have the
right to withdraw from the attorney-client relationship
at any time (court approval may be required in
some matters and your attorney may have a claim
against you for the value of services rendered
to you up to the point of discharge).
- You are
entitled to your lawyer's independent professional
judgment and undivided loyalty un compromised
by conflicts of interest.
- You are entitled to
be charged a reasonable fee and to have your
lawyer explain at the outset how the fee will
be computed and the manner and frequency of billing.
You are entitled to request and receive a written
itemized bill from your attorney at reasonable
intervals. You may refuse to enter into any fee
arrangement that you find unsatisfactory. In
the event of a fee dispute, you may have the
right to seek arbitration; your attorney will
provide you with the necessary information regarding
arbitration in the event of a fee dispute, or
upon your request.
- You are entitled to have your questions
and concerns addressed in a prompt manner and
to have your telephone calls returned promptly.
- You
are entitled to be kept informed as to the status
of your matter and to request and receive copies
of papers. You are entitled to sufficient information
to allow you to participate meaningfully in the
development of your matter.
- You are entitled to
have your legitimate objectives respected by
your attorney, including whether or not to settle
your matter (court approval of a settlement is
required in some matters).
- You have the right
to privacy in your dealings with your lawyer
and to have your secrets and confidences preserved
to the extent permitted by law.
- You are entitled
to have your attorney conduct himself or herself
ethically in accordance with the Code of Professional
Responsibility.
- You may not be refused representation
on the basis of race, creed, color, religion,
sex, sexual orientation, age, national origin
or disability.
Client’s Responsibilities
(This is an informational statement
adopted by the NY State Bar Association)
Reciprocal trust, courtesy and respect are the hallmarks
of the attorney-client relationship. Within that
relationship, the client looks to the attorney for expertise, education,
sound judgment, protection, advocacy and representation. These expectations
can be achieved only if the client fulfills the following responsibilities:
- The client is expected to treat the lawyer and
the lawyer's staff with courtesy and consideration.
- The client's relationship with the lawyer must be one
of complete candor and the lawyer must be apprised
of all facts or circumstances of the matter being
handled by the lawyer even if the client believes
that those facts may be detrimental to the client's
cause or unflattering to the client.
- The client must honor the fee arrangement
as agreed to with the lawyer, in accordance with
law.
- All bills for services rendered
which are tendered to the client pursuant to the
agreed upon fee arrangement should be paid promptly.
- The
client may withdraw from the attorney-client relationship,
subject to financial commitments under the agreed
to fee arrangement, and, in certain circumstances,
subject to court approval.
- Although the client
should expect that his or her correspondence, telephone
calls and other communications will be answered
within a reasonable time frame, the client should
recognize that the lawyer has other clients equally
demanding of the lawyer's time and attention.
- The
client should maintain contact with the lawyer,
promptly notify the lawyer of any change in telephone
number or address and respond promptly to a request by the
lawyer for information and cooperation.
- The client must realize
that the lawyer need respect only legitimate objectives
of the client and that the lawyer will not advocate
or propose positions which are unprofessional or contrary
to law or the Lawyer's Code of Professional Responsibility.
- The
lawyer may be unable to accept a case if the lawyer
has previous professional commitments which will
result in inadequate time being available for the proper representation
of a new client.
- A lawyer is under no obligation
to accept a client if the lawyer determines that
the cause of the client is without merit, a conflict of interest
would exist or that a suitable working relationship with the
client is not likely.
