Wrongful Death Attorney Lafayette And Client Relationship

An important feature of the client— wrongful death attorney Lafayette relationship is the client’s ability to expect that the lawyer’s judgment will be exercised in the client’s best interest, not in the best interest of the lawyer or the lawyer’s other clients. Rules of professional conduct, and common sense, prohibit lawyers from engaging in obvious conflicts of interest. For example, a lawyer may not simultaneously represent a government unit and its employee against a claim if they seek to hold each other solely responsible. Conflicts of interest are not always so obvious, however, and the rules for avoiding them are full of subtleties. Two overarching considerations may help prevent problems. First, lawyers should talk to clients not only about actual direct conflicts but also about what could reasonably be perceived as potential conflicts. Second, a client should not hire or continue to engage a lawyer unless the client is comfortable that the lawyer will faithfully represent the client’s best interests.

Rules

According to the rules of professional conduct, lawyers may not represent multiple clients if there is significant risk that the lawyer’s responsibilities will be materially limited by other loyalties, unless the lawyer reasonably believes competent and diligent representation can be provided to each client Even when a lawyer has such a reasonable belief, the lawyer cannot proceed without informing each client of the situation and getting written consent. A lawyer may not represent someone as an adversary against a previous client in the same or a considerably related matter unless the former client gives written informed consent, and a lawyer generally is prohibited from using information obtained in former representation to the disadvantage of the former client. With few exceptions, lawyers practicing together in a firm may not be on both sides of matter, and there are restrictions on a firm’s involvement even after a lawyer leaves the firm.

There are special professional conduct rules that govern wrongful death attorney Lafayette who are government officials or employees. For example, lawyers are prohibited from representing private clients in matters in which the lawyer was directly involved in behalf of the government. There also are notice requirements and other steps that a law firm must take if it represents the government on a matter as to which a member of the firm would be disqualified by prior government service. Lawyers’ duties of loyalty extend to handling client property. They have strict duties to segregate and safeguard client funds entrusted to them. Misappropriation of client funds usually leads to disbarment and sometimes criminal prosecution. Generally, clients also are entitled to have access to documents in the lawyer’s possession that were collected during representation. Upon termination of representation the lawyer is obliged to turn over the file to the client or at the client’s direction, to the client’s new lawyer. State law may provide a lawyer with some right to payment of fees owed in connection with turning over files.

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