You and your attorney should share a clear
understanding of what you’ve hired your attorney to do, so
that your attorney understands what services you expect to receive, and
so that the meter won’t run on matters beyond the scope of your
attorney’s engagement. I will confirm that we have a clear and mutual
agreement on the scope of the services that you have engaged me to
provide, by describing the matter in writing in a mutually signed
engagement letter.
You should have advance notice of, and your
attorney should make sure that you have agreed to, the way in which you
are charged for your attorney’s services. Our engagement
letter will describe the hourly billing rate that will apply to your
matter, and I will not raise my rates without receiving your prior
written approval.
Your attorney’s statement for services
should be open-book and transparent, and should follow your billing
guidelines. I will keep track of the time that I spend on your
matter on a real-time basis as my work is performed, and I will be
happy to provide you with a cumulative total of billed hours and fees
accrued on a matter at any point in time, promptly upon your inquiry.
Our statement for services will include detailed descriptions of the
work I have performed, in increments of one-tenth of an hour. If you
require a particular billing format for your legal bills, or require
separate billing statements for separate cost centers, our billing
statements will follow your guidelines.
Your attorney’s bill should not include
hidden extra charges, nor should you be charged for overhead or the
administrative costs of your attorney’s law practice. We do
not charge our clients for photocopying expenses for attorney files,
local U.S. mail postage, local telephone or facsimile expenses, or
local travel. We provide clients outside our area code with our
clients-only toll-free telephone number. Although our clients are
requested to reimburse other long-distance telephone or facsimile
charges, out-of-state postage or overnight courier expense, and
third-party out-of-pocket expenditures (such as filing fees), those
reimbursements are strictly at cost with no markup or profit add-on. We
do not charge our clients for time spent on preparation of engagement
letters, conflict letters, or billing statements.
You should know whether or not your
attorney carries professional liability insurance that covers the legal
services provided to clients. Our engagement letter will
confirm to you that our practice and my services to you are covered by
professional liability insurance.
Your attorney owes you the utmost duty of
loyalty and confidentiality, without any hidden conflicts of interest.
Before
eliciting
confidential information from you about your potential
matter, I will confirm that no conflicts would be presented by my
representing you. If I encounter a conflict of interest, actual or
potential, I will fully disclose it to you, advise you to work with
another attorney if that is in your best interest, or make sure that
your waiver of the conflict is on a fully informed basis. I will not
ask you to waive, in advance, future conflicts on matters that are
unknown to either you or me.
You should receive prompt and responsive
attention from your attorney. I will respond to your calls
within hours (or sooner), not days.
Your priority for getting work product
turned around should be your attorney’s priority. I will turn
around documents within days (or sooner), not weeks.
You should know who your attorney is.
If
I
am hired as your attorney, you will work with me, not an
inexperienced or unsupervised associate placed on your matter as a
training opportunity, or an attorney from a different practice area who
needs billable work to fill up time.
Your attorney should advise you if you
would be better served by another attorney, when the matter at hand is
outside your attorney’s expertise or when limitations on your
attorney’s time mean that you would not receive the quality of service
that you deserve. I will turn down the opportunity to work
with you, and will recommend that you take a prospective matter to a
different attorney, if the matter is not within my area of practice, or
if I cannot devote the time that the matter merits, within the
timeframe that you require, to provide the quality of service that you
deserve.
|