Understanding the Attorney/Client Relationship
July 27, 2022 | Category: Personal Injury | ShareIf you have been seriously injured in a car accident or any other type of accident, hiring a Fort Myers personal injury attorney is the best thing you can do to protect yourself. You will need an attorney to help you recover just compensation, and you will need to rely on your attorney’s advice to avoid mistakes that could jeopardize your claim.
But, what can you expect from the attorney/client relationship? Will your attorney protect your confidential information and conversations? Will your attorney seek your input for all important decisions? Will it be worth hiring an attorney when all is said and done? Below is an overview of what you need to know.
7 Key Facts about the Attorney/Client Relationship in Personal Injury Cases
1. Your Attorney Owes a Duty of Confidence
One of the most basic duties attorneys owe to their clients is the duty of confidence. Florida’s Rules of Professional Conduct state that an attorney “must not reveal information relating to representation of a client” except with the client’s informed consent or as expressly permitted in a few very limited circumstances (i.e., to prevent a client from committing a crime or harming someone).
In a personal injury case, you can expect your attorney to hold all of your personal, health and financial information in complete confidence—except as strictly necessary to seek just compensation on your behalf. If you share any information you do not want your attorney to disclose, you should tell your attorney, and then he or she should not disclose it.
2. Your Attorney Owes a Duty to Maintain Effective Communication
Attorneys in Florida also owe a duty to maintain effective communication with their clients. This means that your attorney should provide regular updates during your case and involve you in all important decisions. If you contact your attorney and he or she is not available immediately, the attorney should respond to your question as soon as reasonably possible.
3. Your Attorney Will Advise You, Not Make Decisions on Your Behalf
Your attorney’s role is to advise and represent you, not to make decisions on your behalf. So, while a Fort Myers personal injury attorney will help you understand your losses and evaluate settlement offers, it is ultimately up to you to decide how and when to resolve your case.
4. Your Attorney Must Advise You with Your Best Interests in Mind
When advising you, your attorney must do so with your best interests in mind. For example, if your attorney recommends accepting a settlement offer, this recommendation must be based on the fact that the offer represents just compensation for your losses—not the fact that your attorney wants to avoid going to trial. It is your case, and your health and finances are at stake. So, your attorney needs to focus on doing what is best for you at all times.
5. Your Attorney Will Need Your Help
To handle your personal injury case effectively, your attorney will need your help. The attorney/client relationship is just that—a relationship—and it requires active involvement and commitment on both sides. From answering your attorney’s questions to listening to your attorney’s advice and making reasoned decisions, the more you do to help, the more you will get out of your case.
6. An Experienced Attorney Will Only Take Your Case If the Attorney Believes He or She Can Help Maximize Your Financial Recovery
In order for you to win your personal injury case, the facts and law need to be on your side. An experienced attorney will carefully evaluate the facts and law before agreeing to represent you, and will only take your case if the attorney believes he or she can help maximize your financial recovery.
7. Personal Injury Attorneys Provide Contingency-Fee Representation
When you hire a Fort Myers personal injury attorney, he or she should represent you on a contingency-fee basis. This means that your attorney’s right to payment is “contingent” upon the success of your case. If you receive just compensation, your attorney will recoup his or her costs and receive a fee calculated as a percentage of your recovery. You will never be required to pay any attorney’s fees or costs unless your case results in a settlement or trial victory.
Speak with a Fort Myers Personal Injury Attorney Right Away
If you’ve been injured in an accident and would like to speak with a Fort Myers personal injury attorney at Spivey Law Firm, Personal Injury Attorneys, P.A. about your legal rights, we encourage you to get in touch. To schedule a free, no-obligation consultation with attorney Randall L. Spivey as soon as possible, please call 888-477-4839 or contact us online today.