Your partner reneged on his contract. You recently created a novel invention and want to patent it. You are creating a brand new business and want help with incorporation. While finding the necessary lawyers for each of these situations might be of great importance, properly understanding one's rights and responsibilities as a client after finding a suitable attorney is often of equal significance.

Upon finding a lawyer that you feel will be able to represent you properly, the first step in hiring that individual is signing something often referred to as an "engagement letter" or "retainer agreement." This document should lay out the scope of representation, expectations of both the lawyer and client, as well as the structure under which fees and costs are paid to the lawyer. It is only after signing a formal document to this effect that one can actually say they have retained or hired a lawyer. Once you have retained a lawyer, there are certain responsibilities that attach to you as a client. An important responsibility, and one of obviously great importance to lawyers, is living up to the fee structure that was agreed upon. If you feel that you cannot make the payments contemplated under the retainer agreement, make that concern known before signing it. Another important responsibility you will have as a client is to provide your lawyer with all necessary and relevant information for your case. Often times clients are hesitant to tell their lawyer information that they feel might be detrimental to their case or just make them look bad, but if this information is relevant to the case it is important that the client shares it with his or her lawyer. There should be no hesitation in doing so, as the lawyer is bound to keep all that information completely confidential as long as his or her client wants them to do so.

You should also be aware that your lawyer will not help in carrying out objectives that are illegal or violate their professional responsibilities. As such, requests to engage in behavior that is unethical or dishonest can often be rejected by one's lawyer. Similarly, if your lawyer determines that your case, among other things, poses a conflict of interest, is wholly without merit, or requires him or her to engage in a working relationship that is simply unhealthy, they can attempt to withdraw themselves from your representation.

The flip side of the above-described coin of client responsibilities are the client rights that come with having a lawyer. As the client, you have the right to an attorney who is both diligent and competent in representing you. If you feel that your lawyer lacks either of these qualities, consider finding another lawyer, as it is possible your current lawyer's representation will hurt you more than it will help. Not every lawyer is truly knowledgeable, and it is important to find a lawyer that brings true guidance and expertise to your case. You are also entitled to a lawyer that gives you an undivided duty of loyalty and confidentiality; your lawyer cannot have an undisclosed conflict of interest, nor can he disclose any of the confidential information you share. Moreover, your lawyer must be a zealous advocate on your behalf, respond to your questions and concerns in a reasonably timely manner, and provide you with information and updates as needed to stay fully aware of what is going on with your case. Once you have been given the necessary information and updates, it is important to remember that you are the ultimate decision maker in your case, and your lawyer is only there to advise you. Many times clients feel that they must do what their lawyer instructs them to do, and while your lawyer can provide a great deal of guidance, the final decision on important matters belongs to you as the client.

The author of this article can be reached via email at Justice360@muslimcongress.org. For more information about Justice360, visit http://www.muslimcongress.org/360.

DISCLAIMER: Justice360° Legal Bulletin’s are meant to assist in the general understanding of the current law relating to the stated topics. JUSTICE360° LEGAL BULLETINS SHOULD NOT BE REGARDED AS LEGAL ADVICE. Organizations or individuals with specific questions should seek the advice of legal counsel.