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It's possible that when you need the services of a lawyer, you may have some. These are the 10 most frequently asked questions that may arise when seeking legal counsel.
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1
What questions should you ask your lawyer?
Some of the initial things you should ask a lawyer:
1. What is their specialization and professional experience?
2. What are their fees?
3. What documentation should you bring for the first meeting with the lawyer? -
2
Can lawyers freely set their fees?
The fees to be received by the lawyer will be the ones you agree upon with them.
It is advisable to have a budget set before hiring the services of a lawyer, outlining the actions it covers and the costs of bailiffs or notaries, if applicable. -
3
What is a retainer?
The lawyer may request sums of money as funds in advance for foreseeable expenses related to the case or for their fees. This is known as a retainer. Typically, when someone hires a lawyer, a retainer is often provided.
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4
Can a lawyer agree with a client to only charge a percentage of what they obtain from the resolution of the case?
This practice is called a contingency fee or a success fee. An attorney and a client can agree to fees based on a contingency fee as long as a reasonable, fair, and dignified minimum amount is foreseen for the services provided by the attorney as an alternative (even if the amount is not quantified).
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5
Can a lawyer make public the conversations they have with a client?
The American Bar Association Model Rules of Professional Conduct establish that lawyers are obligated to maintain the confidentiality of all information they receive from their clients. Confidentiality is a fundamental principle of legal practice in the United States. Lawyers are obligated to maintain the confidentiality of all information they receive from their clients, even after the attorney-client relationship has terminated. Therefore, lawyers cannot make public the facts and statements of their clients, as long as they have knowledge of them in the course of their professional activity. Moreover, they cannot be compelled by any authority to testify about them.
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6
Can a lawyer take over a case that was previously handled by another lawyer?
The lawyer who takes over a case that was previously being handled by another lawyer must communicate this to the previous lawyer with the aim of ensuring the clients proper defense and clearly defining the responsibilities of both lawyers.
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7
If ordered to pay costs, what fees will the attorney for the opposing party receive?
If a person is ordered to pay costs, meaning to cover the expenses of the legal proceedings, including the attorneys fees of the opposing party, these will be determined based on the guideline schedules established by each professional association.
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8
What are the requirements to practice the profession of a lawyer?
All lawyers in the United States must have a Juris Doctor (JD) degree from an accredited law school. Once a lawyer has graduated from law school, they must pass the bar exam in the state where they want to practice law. In addition to passing the bar exam, lawyers must also pass a character and fitness review. This review is designed to ensure that lawyers have the good moral character and the ethical fitness to practice law. Finally, they obtain a license to practice law from the state bar association.
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9
Are lawyers subject to any kind of ethical or conduct code?
Lawyers are subject to a variety of ethical and conduct codes. These codes are designed to ensure that lawyers uphold the highest standards of professionalism and ethical behavior. The most important ethical code for lawyers in the United States is the Model Rules of Professional Conduct, which are promulgated by the American Bar Association (ABA). The Model Rules are adopted by most states, although some states have made minor modifications.
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10
Can a lawyer only provide their services in the territory where they are registered?
Lawyers are generally allowed to practice law in any state in which they are admitted to the bar, but there are some exceptions. A few states have a residency requirement for lawyers, meaning that lawyers must be residents of the state in order to be licensed. Other states have a pro hac vice rule, which allows lawyers from other states to appear in court on a case-by-case basis.
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