Attorney Responsibilities and Client Rights : Your Legal Guide to the Attorney-Client Relationship,9781572483477

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

by
ISBN13: 9781572483477
ISBN10: 1572483474
Format: Paperback
Pub. Date: 2003-10-01
Publisher(s): Sourcebooks Inc
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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.

Table of Contents

INTRODUCTION IX
CHAPTER 1: MALPRACTICE 1(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 19(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 29(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 37(6)
History of the Supreme Court's Interpretation
Determining Effectiveness
Incompetence
Prejudice
Proving Ineffectiveness
Recognizing Ineffective Assistance of Counsel
CHAPTER 5: FINANCIAL MISCONDUCT 43(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 55(6)
Where to File
Small Claims Court
General Trial Court
Checklist for Determining the Appropriate Court
CHAPTER 7: ETHICAL VIOLATIONS 61(8)
Lawyer Regulation
Sanctions
Model Code of Professional Responsibility
Model Rules of Professional Conduct
Examples of Ethical Violations
CHAPTER 8: ALTERNATIVES TO LAWSUITS 69(12)
Settlement
Mediation
Arbitration
CHAPTER 9: DECIDING WHAT TO DO 81(4)
GLOSSARY 85(6)
APPENDIX A: ATTORNEY DISCIPLINARY AGENCIES 91(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

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