When someone hires a divorce attorney to represent him/her in a divorce, the attorney is required by law to provide the client with written notice of his or her rights and responsibilities in the divorce case. A document called “STATEMENT OF CLIENT’S RIGHTS AND RESPONSIBILITIES” must be a part of every divorce retainer agreement. It is a road map for the attorney-client relationship. Mainly, it details on the type of work and communication the client can expect from his/her attorney, such as:
- the attorney will provide competent representation, which requires legal knowledge, skill, thoroughness and preparation.
- The attorney will act with diligence and promptness, as well as use his best efforts on behalf of the client, but he cannot guarantee results.
- The attorney will abide by the client’s decision concerning the objectives of representation, including whether or not to accept an offer of settlement, and will explain any matter to the extent reasonably necessary to permit the client to make informed decisions regarding representation.
- The attorney may not use or reveal a client’s confidence or secrets, except as required or permitted by law.
- The attorney will keep the client reasonably informed about the status of representation and will promptly respond to reasonable requests for information, including any reasonable request for an estimate respecting future costs of the representation or an appropriate portion of it.
- the client is entitled to receive all pleadings and substantive documents prepared on behalf of the client and every document received from any other counsel of record.
- The attorney cannot be required to engage in conduct which is illegal, unethical, or fraudulent.
- The attorney will prepare and provide the client with an itemized billing statement detailing hourly rates (and/or other criteria), time spent, tasks performed, and costs incurred on a regular basis, at least quarterly.
A person going through a divorce is generally unfamiliar with the attorney-client relationship and the legal process in general. This unfamiliarity can breed anxiety and stress which compounds over the course of the divorce process. Handing over thousands of dollars to a divorce attorney, most likely a stranger, usually does not lessen the stress either. The STATEMENT OF CLIENT RIGHTS AND RESPONSIBILITIES can help people going through divorce feel more comfortable about the process. Attorneys who do not review the STATEMENT OF CLIENT RIGHTS AND RESPONSIBILITIES with their clients are missing an early opportunity to make the client more knowledgeable and comfortable with the legal process.