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- You have a right to discuss the proposed rates and retainer fee with your lawyer before
you sign the retainer agreement. You are entitled to a written Retainer Agreement that
specifically provides that you will receive a refund of any unused retainer at the
conclusion of your case.
- You have the right to know how many attorneys and other legal staff will be working on
your case at any given time, and what you will be charged for their services.
- You have the right to know in advance how you will be asked to pay legal fees and
expenses at the end of the case. If you pay a retainer, you may ask reasonable questions
about how the money will be spent or has been spent and how much of it remains unspent.
- If you run out of money prior to the conclusion of your case, you are under no legal
obligation to sign a Confession of Judgment or agree to a mortgage on your home to cover
legal fees. However, your lawyer, in the absence of additional monies to continue your
case, has the right to petition the Court to be relieved as your attorney.
- You have a right to a reasonable estimate of future necessary costs. If your lawyer
agrees to lend or advance you money for preparing your case, you have the right to know
periodically how much money your lawyer has spent on your behalf. You also have the right
to decide, after consulting with your lawyer, how much money is to be spent to prepare a
case. If you pay the expenses, you have the right to decide how much to spend.
- You have the right to ask your lawyer at reasonable intervals how the case is
progressing and to have these questions answered to the best of your lawyer's ability.
- You have the right to make the final decision regarding the settlement of your case.
- You have a right to any original documents that are not part of your attorney's work
product. For instance, if you gave your present attorney documents from another attorney,
you have a right to those documents. You have a right to ask your attorney to forward
documents to you in a timely manner as he/she receives them from your spouse's attorney.
- You have a right to be present at court conferences relating to your case that are held
with judges and attorneys, and you also have the right to bring a family member or a
friend to all court proceedings, unless a judge orders otherwise.
- You have the right to know the cost of bringing a motion. The cost may vary depending on
the lawyer's rates and circumstances of the case, but you have the right to a general
estimate.
- You have the right to file a complaint against an attorney who has acted illegally, or
who has breached the attorney's Canon of Ethics, with the local Bar Association or with
the State agency which handles attorney discipline cases.
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