Attorney Responsibilities and Client Rights : Your Legal Guide to the Attorney-Client Relationship

by Herskowitz, Suzan

ISBN13:
9781572483477
ISBN10:
1572483474
Format: Paperback
Copyright: 2003-10-01
Publisher: Sourcebooks Inc
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Attorney Responsibilities and Client Rights : Your Legal Guide to the Attorney-Client Relationship > ISBN13: 9781572483477

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Summary

Lawyers can fail their clients in many ways. You may feel that you have been wronged by your lawyer, but do not know if you have a valid legal claim. You may want to take legal action, but do not know how to begin the process. Resolving disputes with a lawyer will require you to be well-informed and prepared to act. Armed with the information in this book, you will be equipped to make informed decisions about steps you can take to assert your rights and make your claim.

INTRODUCTION

CHAPTER 1: MALPRACTICE

(18)

Negligence

Standards of Conduct Liability to Third Parties

Use of Ethical Rules in Malpractice Suits

Direct Damages

Pain and Suffering/Emotional Distress Damages

Negligence in Specific Areas of Law

CHAPTER 2: BREACHES OF CONTRACT

(10)

Legal Definition of a Contract

Contract Process

Contracting with Your Lawyer

How a Contract is Breached

Remedies for Breach of Contract

CHAPTER 3: CONFLICTS OF INTEREST

(8)

Definition of Conflict of Interest

Dual Representation

Successive Representation

Conflicting Business Interests

Personal Interests

Sexual Relationships with Clients

When the Lawyer becomes a Witness

Waiver of Conflict

CHAPTER 4: INEFFECTIVE ASSISTANCE OF COUNSEL

(6)

History of the Supreme Court's Interpretation

Determining Effectiveness

Incompetence

Prejudice

Proving Ineffectiveness

Recognizing Ineffective Assistance of Counsel

CHAPTER 5: FINANCIAL MISCONDUCT

(12)

Types of Fees Lawyers Charge

Validity of Nonrefundable Retainers

Excessive Fees

Sharing Fees with Nonlawyers

Preserving Client Funds

Fee Dispute Resolution

CHAPTER 6: LAWSUITS

(6)

Where to File

Small Claims Court

General Trial Court

Checklist for Determining the Appropriate Court

CHAPTER 7: ETHICAL VIOLATIONS

(8)

Lawyer Regulation

Sanctions

Model Code of Professional Responsibility

Model Rules of Professional Conduct

Examples of Ethical Violations

CHAPTER 8: ALTERNATIVES TO LAWSUITS

(12)

Settlement

Mediation

Arbitration

CHAPTER 9: DECIDING WHAT TO DO

(4)

GLOSSARY

(6)

APPENDIX A: ATTORNEY DISCIPLINARY AGENCIES

(14)

APPENDIX B: CLIENT SECURITY FUNDS

105

(14)

APPENDIX C: CODE OF PROFESSIONAL RESPONSIBILITY

119

(62)

APPENDIX D: RULES OF PROFESSIONAL CONDUCT

181

(30)

APPENDIX E: STATUTES OF LIMITATIONS TO SUE FOR MALPRACTICE

211

(20)

INDEX

231

(6)

ABOUT THE AUTHOR

237

Supplemental Materials

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