Throughout this description of our legal system, reference has been made to attorneys. Lawyers, of course, are individuals trained in the law who represent the interests of their clients. Under the rules of the profession, attorneys must do everything for their clients, within the bounds of the law, that they would do for themselves under the circumstances. Attorneys are required to keep secret what they are told by their clients.

Contrary tot he image of lawyers presented in the television and movies, most lawyers do not spend the majority of their time in court. In fact, many attorneys never set foot in a courtroom, spending their time giving legal advice, drafting contracts, negotiating agreements, and helping clients solve their legal problems.

No person is required to have a lawyer. A person always can represent himself or herself in court. But there is much truth in the adage that a person who represents himself or herself has a fool for a lawyer.

THE RIGHT TO AN ATTORNEY

In criminal cases, no defendant can be imprisoned on the basis of a conviction where he or she did not have counsel. The Supreme Court has interpreted the right to counsel in the Sixth Amendment as requiring the government to provide a free lawyer to those who cannot afford an attorney in criminal cases where the sentence can include imprisonment. In civil cases, there generally is not a right to counsel, though on rare occasions an attorney might be a ppointed for an indigent litigant and legal aid offices are sometimes available.

YOUR RIGHTS AND RESPONSIBILITIES AS A CLIENT

When you hire an attorney, there are certain rights and responsibilities in the relationship.

As the client, you should:

1. Understand the kind of work the lawyer will do for you.
2. Be totally honest and provide all the facts that are relevant to the situation, as well as keep your attorney up-to-date with developments.
3. Get an estimate of how log your case may take.
4. Help your case along by promptly giving your lawyer all he information and papers you have. continue to give your lawyer additional papers as you receive them.
5. Find our how the lawyer will keep you informed on the progress of your case and how often.
6. Ask your lawyer for a written fee agreement. By law, your attorney must have a written fee agreement if your costs are anticipated to be more than $1,000. Lawyers use various kinds of fee arrangements; make sure you understand how and for what you will be charged. Also, find out if you are responsible for certain expenses, such as court costs of if you will be charged each time you telephone your lawyer.
7. Ask for the bill at least once a month if the lawyer charges by the hour. Then you'll know how much the case is costing as it moves along, and avoid a surprise at the end. You are entitled, by law, to a detailed bill from the lawyer every thirty days.
8. Make sure you understand what is involved if a lawyer takes your case on a "contingency" basis. contingency means you won't be charged lawyer fees if you lose (but you may be responsible for costs such as a filing fees, investigators or transcripts). If you win, you will pay the lawyer a percentage of the money the court awards you. Make sure the the lawyer's percentage is included in the written fee agreement, what it will be and if it will be taken form the amount before or after the court costs are subtracted.
9. Request copies of all materials prepared on your behalf.