What Are A Lawyer's Obligations To A Client?
When people talk with lawyers, they often don't have a clear idea of what it is an attorney can, can't, or even must do for them. Before you retain counsel, it's a good idea to know what a lawyer's obligations to a client are.
Entering into an Attorney-Client Relationship
It's important to be clear about one fact: talking with a lawyer doesn't make them your lawyer. An attorney-client relationship has to be established before a lawyer has much in the way of legal obligations to do anything for you.
Legally speaking, this requires an exchange of consideration. Practically, that means you give them money or the promise of money in the future in exchange for their services. Paying an attorney's retainer and having them accept it is usually enough to establish a relationship. Sometimes the consideration is future value, such as when an injury lawyer takes a percentage of any settlement or award from a claim.
Protecting Your Rights
The very first obligation of all lawyers is to protect their clients' rights. A criminal attorney, for example, has an obligation to advise their clients about what they are or aren't required to tell the police. A business attorney has an obligation to tell their client about how the terms of a contract would apply to them if litigation occurred. When people talk about doing things "on the advice of counsel," this is usually what they're talking about.
Protecting Your Interests
The next rung down in obligations is protecting the client's best interests. Note that this means your lawyer can only advise you. Some folks try to avoid paying more during divorces, for example, by trying to get one lawyer to do all the paperwork. Only one ex-partner can retain the lawyer's services, though, and the lawyer has an obligation to zealously advocate for the best outcome for their client.
"Interests" is a part of the equation where things get a little fuzzier. If someone were engaged in a discrimination lawsuit and offered a settlement, for example, what exactly represents the best interests of the client?
Good faith and standards of professionalism guide this judgment. In this scenario, the lawyer is obligated to tell the client about the settlement and the amount. They should also explain whether they feel the offer is a good one. Likewise, they cannot take anything from other parties to the case in exchange for settling the case sooner. Ultimately, the decision belongs to the client.