WHO CONTROLS LEGAL REPRESENTATION?

The answer seems to be clear: you, the client control the manner and course of your representation. However, most clients are loathe to openly disagree with their legal counsel due to the inherent trust that the attorney has an obligation and the capacity to look out for their best interests, and is in fact doing so. Here is a news flash: you are the best expert on your own legal situation. The attorney likely has numerous clients and keeping track of every detail of every legal matter is simply impossible. You on the other hand, probably have only one legal matter which is likely the focus of your life at the time.

The client must be proactive in communicating and obtaining updates regarding the status of their case, project, or venture. This means that if a client has not heard for a while from his/her legal counsel, then he/she should reach out and see if there have been any developments. Sometimes an attorney forgets or doesn’t have the time to update a client and reaching out may remind him that an update is necessary or there is a deadline looming. Which is another important issue to note: you cannot trust your attorney to keep track of all deadlines; you must do so yourself as well, and ensure that your attorney is aware and prepared for such deadlines ahead of time, because last minute scrambling to put documents together is never a positive situation for you. Be sure to give your lawyer any relevant deadlines, and always track them on your own.

This Firm strives to stay in regular contact with clients regarding any new developments relating to their matter, and respond to all inquiries within 24 hours, and usually much sooner. Mr. Belenky strives to provide one of the fastest turn-around times in the industry for general document review and preparation, as well as the highest work product quality which would generally cost double, triple or more, at most firms with a storefront office. This Firm uses a virtual office structure to cut expenses and pass them on to you.

If you find that your attorney refuses to listen to you, respond to inquiries in a timely manner (within reason; you should allow about 24 hours for a response before sending a follow-up communication), or take instructions as to the course of representation, you would be well served to release that legal counsel and obtain an attorney more amenable to working cooperatively. Remember, the job of an attorney is to provide counsel as to your options and recommend the most prudent course of action; not to direct the course of representation, unless the client specifically requests it and delegates such authority.

In all cases, the client has the final approval of any act the attorney takes on a client’s behalf. Attorneys are not infallible, in fact just the opposite: mistakes are more common that most people would care to believe. The client must stay on top of all developments and dates, and ensure that the attorney is following a course plotted mutually, after obtaining a full description of all options and risks which may apply to any given course of action.

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