Advocacy and litigation. Independence - avoidance of personal bias. Formality before the court. Frankness in court. Delinquent or guilty clients. Responsible use of court process and privilege. Communication with opponents.
Opposition access to witnesses. Integrity of evidence - influencing evidence. Integrity of evidence - two witnesses together. Communication with witnesses under cross-examination.
Solicitor as material witness in client's case. Public comment during current proceedings. Prosecutors duties. This is not a charge that may be passed on as an outlay in your ABWOR account: the work is part of the overall work in the case covered by the fixed payment. This relationship is not restricted to previous dealings in connection with a criminal matter.
If there is a prior solicitor and client relationship, you may be able to act as appointed solicitor for a first offender. If you or another solicitor from your firm has had no dealings with the client before this case, you cannot provide ABWOR.
The only form of representation that the client can receive would be through the duty solicitor, although you could provide advice and assistance if appropriate. In view of the requirements as to an earlier agreement to act and indeed the existence of an earlier contract, we do not accept that such a relationship exists where the basis of the client calling on your services was by word of mouth or some general recommendation made by a third party. Learn about the factors you must consider in the relation to interests of justice test before providing ABWOR and how to demonstrate them.
The engagement letter welcomes a new client, confirms the scope of the representation, and clearly sets forth the essential terms applicable to the engagement including the fee arrangement.
The fee arrangement should be put in writing and either made part of that engagement letter or attached to it. Contingent fee contracts are required to be in writing.
See La. Fee arrangement letters can be found in the Fees and Billing Section of this Guide. When you decide not to represent someone, you should send a non-engagement letter so it will be abundantly clear that you are not representing the prospective client and that you have no further professional obligations to the person. You should return any original documents the prospective client left for review.
If you decide to represent an existing client in a new matter, you should send a letter explaining that relationship. Again, the fee arrangement for that matter also should be confirmed in writing. The following is a quick checklist to ensure that you are taking the major steps in establishing attorney-client relationships or in declining representation. Forms follow the checklist. Additional Resources. Ciolino, Dane S. Footnotes 1. If you believe that your solicitor may have a conflict you should raise this with them.
Your solicitor cannot make any decisions without your instructions. They must carry out your instructions promptly and efficiently in accordance with the law. As the client, you should receive regular updates on the progress of your matter, preferably in writing. Your solicitor must provide advice about all your options, including the best course of action, which may be alternative forms of dispute resolution. Your solicitor must also treat you with respect, be polite and assist in your understanding of the law.
Your solicitor may ask you to pay some of their fees in advance to cover any expenses they incur during their work for you. This money must be held in trust and cannot be paid to anybody for any expenses without your specific permission, which you may provide in your original costs agreement.
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