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THE LAWYER-CLIENT
RELATIONSHIP
Whenever a
relationship is established, its participants form expectations of each
other. The lawyer-client relationship is no different. And as in any
other relationship, lawyers and clients have rules and boundaries which
govern those expectations. Some expectations are appropriate; others are
not. Here is an overview of what you can and cannot expect of your
lawyer.
What You Can
Expect from Your Lawyer
Having the assistance
of a skilled lawyer during your divorce gives you the security of having
someone on your side who knows what to do. Furthermore, you will have
someone you can talk to in confidence about your situation and how best
to deal with it.
Lawyers provide a
variety of specific services for clients going through a divorce. These
services include:
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Consulting
with you
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Educating you
about the law and facts
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Devising and
carrying out case strategy
-
Investigating
the law and the facts
-
Preparing and
reviewing documents
-
Negotiating a
settlement
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Preparing and
filing all necessary court papers
-
Preparing you
to testify
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Preparing
other witnesses to testify
-
Hiring experts
and appraisers
-
Conducting
discovery
-
Responding to
discovery initiated by your spouse
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Preparing for
court appearances including trial
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Conducting
trials and hearings
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Advising you
about what to expect.
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Advising you
on conduct and alternatives
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Taking the
heat for tough decisions
What
You Cannot Expect from Your Lawyer
-
Your lawyer
will not handle matters that are beyond the scope of your
agreement. The lawyer you have hired to represent you in your
divorce will not usually represent you in other matters
unrelated to your divorce, unless the two of you specifically
agree otherwise. For example, if you need legal assistance in
selling your home, preparing your will, or defending against a
civil lawsuit, it will be necessary to make specific
arrangements with your lawyer, or to hire another lawyer,
possibly in the same firm, with the appropriate specialization
or expertise.
-
Your lawyer
cannot guarantee results. The eventual outcome of your divorce
depends on the facts, the law, how the judge views your case,
and other factors. Every case is different. Although your lawyer
may express an opinion on possible or probable outcomes, nobody
can be sure of the result until it happens.
-
Your lawyer
cannot do anything unethical or illegal. Lawyers work under
very strict legal and ethical codes and take them very
seriously. If you ask your lawyer to do anything unethical or
illegal, your lawyer will refuse. If you insist, your lawyer
will withdraw from your case. Examples of forbidden conduct are:
encouraging or permitting perjury, hiding assets or income, and
in any manner deceiving the court or the other side.
-
Your lawyer
may be reluctant to act against the best interests of your
children. A lawyer's first duty is to look out for the client's
best interest. Yet divorce lawyers are also concerned about the
welfare of the children and some ethical guidelines encourage
lawyers to keep the children's interest in mind.
-
Lawyers and
Clients Should Maintain an Appropriate Professional
Relationship. Sometimes friendships and even romances develop
between lawyers and clients. Many lawyers have close personal
friendships with former clients. But because of the intense
emotional nature of a divorce, it is usually best for lawyers
and clients to defer establishing a social relationship until
after the case is over. Romantic relationships are not advisable
as they interfere with a lawyer's objectivity and affect a
client's expectations. A divorce lawyer and a client should
never have a sexual relationship during the case.
COMMUNICATION
BETWEEN LAWYER AND CLIENT
A. The
Importance Of Communication
The lawyer-client
relationship works best when the two of you are able to communicate --
not only about the facts of your case, but about your working
relationship.
Information should
flow both ways between you and your lawyer. Just as your lawyer should
satisfy your need for information, you should provide your lawyer with
all information that your lawyer requests. Advice based on incorrect or
incomplete facts may be worse than no advice at all.
If you do not
understand the advice you are given, or find it hard to accept, tell
your lawyer. If, for example, you do not understand why your lawyer is
recommending that you accept or reject a particular settlement proposal,
you should ask why the recommendation is being made. Only by giving your
lawyer the opportunity to explain things will you know whether there is
a real problem to be addressed.
B. Financial
Information
Your lawyer will ask
you for financial information, and perhaps ask you to fill out a
questionnaire. Financial information includes income, expenses, assets,
and liabilities. Your lawyer may also want to see papers such as income
tax returns, paycheck stubs, statements of savings and investments,
employee benefit statements, and papers regarding your debts. Your
cooperation in getting this information to your lawyer, although time
consuming, is essential to the proper preparation of your case.
C. Marital
History
Your lawyer may also
ask you to prepare a history of your marriage which includes personal as
well as financial information. Where the custody of your children is in
dispute, more than financial information will certainly be necessary. In
addition to a history, some lawyers ask their clients to keep a diary of
events related to the divorce. Complete candor, including any negative
facts about yourself, is crucial.
D. Keeping in
Touch
Your lawyer will be
communicating with you. There may be periods of inactivity, but when
something important happens, your lawyer will want to let you know. If
you move, or are planning to be away, be sure your lawyer knows where
you are.
E. Calling
Your Lawyer and Returning Calls
Lawyers work on more
than one case at a time and the practice of matrimonial law requires
lawyers to spend time in court, at depositions, in conference, and on
the telephone. So you should not expect your lawyer always to be
available immediately when you call. You should, however, expect that
your lawyer, or a staff member, will respond to your telephone calls
promptly. If an emergency arises, tell the person who answers the
telephone that it is an emergency and explain the situation. No matter
how upset you are, be courteous to your lawyer's staff.
Likewise, if your
lawyer calls and leaves a message for you to call back, you should do so
as soon as possible. Your lawyer will understand that you also have
commitments that may make you temporarily unavailable.
Your lawyer will
appreciate your calling during regular business hours. But most lawyers
will make every effort to be available when needed for a real emergency.
F. Being
Available
You and your lawyer
will have a hard time communicating if you are not available to each
other. Before hiring any lawyer you should consider whether your
schedules are compatible. If you can't meet with your lawyer during
normal business hours, make that clear before you hire the lawyer.
Remember that your lawyer is a human being, entitled to free time. If
you expect your lawyer to be available evenings or weekends, say so in
advance so that the lawyer can decide whether to take your case under
those conditions.
G.
Correspondence
When you receive
correspondence from your lawyer, read it and respond. Delay in
responding to correspondence could be harmful to your case.
H. Your
Involvement In Other Legal Proceedings
If at any time during
your divorce, you are involved with any other legal proceeding, such as
criminal, traffic, juvenile, probate, tax, bankruptcy or a civil
lawsuit, let your lawyer know as soon as possible. It may affect your
divorce.
The
free information contained in these pages is not
intended to be legal advice, and does not create an attorney-client
relationship. You should always consult with an
experienced attorney before taking
any action. Feel free to contact on of our attorneys,
Peter Mogren,
Ronald Glessner or
Ruth Roti at MOGREN, GLESSNER & ROTI,
P.S. at 425-255-4542 to schedule an appointment and discuss these issues
with you.
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MOGREN, GLESSNER & ROTI, Renton, Washington, 98057
Phone: (425) 255-4542
Our law firm is conveniently located in Renton, King County, WA, just off the freeway at the intersection of I-405 and I-167, easily accessible from Seattle and Bellevue Washington. Our
three family law and divorce attorneys represent clients in the greater Seattle area and throughout the State of Washington, including the communities of Renton, Kent, Tukwila, Seattle, Bellevue, Mercer Island, Issaquah, Fairwood,
Cascade, Newcastle, Normandy Park, Auburn, Maple Valley, Black Diamond,
Skyway, Federal Way, Des Moines, Kent Meridian, Burien, SeaTac, Factoria, Covington, Medina, Fox
Island, Gig Harbor, North Bend, Snoqualmie, Sammamish, Seahurst, Enumclaw and most of south King County. Call 425-255-4542 for a free telephone consultation with an
experienced family law and divorce attorney / lawyer. Our attorneys represent both men and women in divorce
and the drafting of simple wills,
and are members of the Christian Legal Society. Our lawyers offer affordable rates
(reasonably priced) for uncontested divorce.
The free information and help contained in these
pages is not intended to be legal advice, and does not create an
attorney-client relationship. You should always consult with a lawyer before
taking any legal action. Feel free to call us at 425-255-4542 for a free
telephone consultation with a family law lawyer for help regarding your
marriage, divorce (contested or uncontested), custody, property division,
child support and maintenance, adoption, will, estate plan or
probate. We offer inexpensive (cheap) discount package deals and for our wills,
simple will and estate
planning documents. We offer a Christian perspective in our practice, yet
are aggressive in protecting your rights. Our attorneys are licensed to practice only in the State of Washington,
and are easily accessible to the greater Seattle area.
Serving both male and female clients in the Seattle, King County, WA area, including the communities of Kent, Renton, Tukwila, Southcenter, Seattle, Auburn, Bellevue, Mercer Island, Federal Way, Maple Valley, Des Moines, SeaTac, Burien, Fairwood,
Cascade, Covington, Newcastle, Normandy Park, Issaquah, Black Diamond, Algona, Covington, Fall City, Hobart, Medina, North Bend, Pacific,
Buckley, Highline, Wilkeson, Newport Hills, Clyde Hill, Coal Creek, Fox
Island, Gig Harbor, White Center,
Boulevard Park, Rainier Beach, Rainier Valley, Bryn Mawr, Redondo, Kent Kangley,
Cougar Mountain, Preston, Ravensdale, Kanaskat, Palmer, Redondo,
Midway, Georgetown, Riverton Heights, McMicken Heights, Eastgate, Kennydale, Medina,
Boeing, Microsoft, Paccar, Kenworth, East Renton Highlands, Preston, Kent East Hill, Lake Meridian,
Green River, Star Lake, Lake Sawyer, Duwamish, Seward Park, Columbia City, Georgetown, Holly Park, Sodo, Sammamish, Seahurst, Snoqualmie,
Soos Creek, Emerald Downs, Muckleshoot, Twin Lakes, Skyway,
Bellevue, Enumclaw and most of south King County, WA. This includes zip
codes of 98055, 98056, 98057, 98058, 98059, 98030, 98031, 98032 98042,
98038, 98040, 98045, 98168, and 98188, and area codes of 206, 253, and 425,
. We represent clients
from Boeing, Microsoft, Starbucks, Costco, Weyerhaeuser, Valley Medical
Center, various hospitals and insurance companies, T-Mobile, and many other employers. We serve clients of all
nationalities and ethnicities, including African American, Native American,
Asian, Hispanic, Latino, Caucasian, black, Indian, Korean, Japanese,
Ethiopian, Italian, Vietnamese, Pacific Islander, Philippine, Irish, English, French, German, and Chinese.
We receive clients of all faiths and religions, including Christian, Islam,
Hindu, Buddhist, Muslim, Judaism, Baha'i, New Age, Scientology, Mormon, LDS Catholic, Protestant,
Presbyterian, Baptist, Methodist, Pentecostal, Charismatic, Foursquare,
Evangelical, Assembly of God, Jehovah Witness, Episcopal, Foursquare,
Lutheran, Bible, Pentecostal, Orthodox, Unitarian, atheist, secularist, and agnostic. We also represent clients who are
members of labor unions (Teamsters, AFL-CIO, Teachers Union, NEA), unemployed or stay-at-home parents,
members of service organizations (Kiwanis, Lions, Masons, Rotary, Shriners,
AARP, etc), Democrat and Republican, veterans and military personnel. Please call to talk to an affordable
(inexpensive) Washington state family law attorney / lawyer for help about your divorce (contested or uncontested),
complex property division, simple wills, probate or other legal issue.
Site Map
MOGREN, GLESSNER & ROTI, Renton, Washington, 98057
Phone: (425) 255-4542
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