Lafayette Personal Injury Attorney 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.
Confidentiality
The "attorney-client privilege" enables clients to communicate with their lawyers confidentially. The privilege is intended to allow clients to be candid with their lawyers to obtain the best possible advice. Confidentiality also allows lawyers to share frank advice with their clients. According to the lawyers' rules of professional conduct they have discretion to make decisions about the means for pursuing their clients' objectives, such as what motions to file and what witnesses to call in a case, but lawyers must consult with their clients about significant decisions and keep them informed about details.
A Lafayette Personal Injury Attorney may have authority to bind a client to an agreement if, under the circumstances, a reasonable person would believe that the client authorized the lawyer to act in the client's behalf, even if the client did not actually give the lawyer that authority. This is known as "apparent authority." The rules vary among jurisdictions, but in general apparent authority exists when the client has said or done something that gives others the impression of authority. To avoid misunderstandings about authority, those who represent the government should be clear about any approvals that are needed before an agreement can bind the government, such as the need for a vote of an elected body. Some courts have held that those who deal with the government have an obligation to determine approval requirements for them regardless of whether the government's representative is aware of them. Accordingly, those who deal with the government should be clear in their own minds about any approval contingencies. Legal fees are a cost of doing business for most organizations, especially when operations involve significant risks of dispute and liability. The "attorney-client privilege" enables clients to communicate with their lawyers confidentially. The privilege is intended to allow clients to be candid with their lawyers to obtain the best possible advice. Most government units have a limited budget for routine legal representation. Unexpected developments can result in substantial fees that divert resources from other more productive uses. Regardless of whether legal fees are anticipated or extraordinary, an understanding of the basic nature of compensation arrangements can be helpful for effective planning and management.