Client's Rights
In New York, there is a specific clients’ Bill of Rights that outlines the rights a client has in legal representation. It is a general statement, but by no means an exhaustive list of the rules governing legal representation.
There is a whole system of disciplinary rules and Cannons of Ethics (html link) that govern attorneys’ conduct. In hiring an attorney, there are some specific things you should know about your rights.
You should know how you are being charged. This should always be set down in a written retainer agreement or retention letter, that explains how the attorney charges.
You are entitled to an attorney who has no conflict of interest – the attorney should not have interests which, if pursued by the attorney, could hurt your case or claim. This includes the attorney’s own business interests as well as the attorney’s need to represent other clients effectively.
You are entitled to an attorney who will represent you vigorously and competently. Keep in mind, though, that the amount of resources that should go into a case may be limited by your budget (although this does not excuse any lawyer’s shoddy performance) and the type of case and the potential recovery; there is no point in spending $10,000 in legal resources over a $5,000 small claims case. An attorney should not encourage you to spend a great deal on a case simply because you believe you are right. It is the attorneys job to advise you as to the merits of your case, including any potential recovery.
An attorney is prohibited from guaranteeing an outcome. They can predict a possible result based upon their experience, but if someone guarantees you a result, that is prohibited.
Remember that selecting an attorney is similar to selecting any other professional, such as a doctor. You must be sure your attorney has the experience and expertise to handle your case, that you are being charged commensurate with his or her expertise, and finally, that your attorney has a personality that you can work with. Litigation can be a long and arduous task; you must be able to communicate with your counsel.