As an attorney your job is to help your clients when they get in trouble or are dealing with police if they retain you. Your job is to defend them vigorously and to the best of your ability.
If you have a potential client contact you, you will listen to their charges and are able to charge a retainer fee for your service. If they agree to pay this fee payment how payments are made are up to you and the client.
If you are requested for a criminal case they should know when their court case is. If its a traffic citation and your client is unable to be there, you may file to appear on his behalf. On a criminal case the client must there. If your client is unable to make it, you would file a motion for continuance.
Your responsibilities to clients:
1. Make sure they understand the charges against them and the possible punishment that comes with them.
2. If they are going to take a plea agreement, you must make sure they understand the plea agreement and what comes with it.
3. If you are representing a client while being questioned, you are to help your client. Clients must be given a reasonable amount of time to speak with you in a private setting while being questioned.
4. Make sure you provide the services you say you will. Do not charge the client for something and then not show up to court or where you say you will be.
5. As an officer of the court you are not allowed to lie, and if you know your client is going to lie you need to stop them.
Punishment Time:
In all laws you will see a punishment, some are at courts discretion. In terms of time it will be as follows.
Jail/Prison Time – 1 Month = 1 Minute.
Probation/Parole – 1 Month = 2 Minutes (since you are free to run around)
Murder, crimes against children, kidnapping, stalking, or jailbreak are not eligible for probation, but the courts may impose parole for part of it. All other charges have the option of probation.
As a example lets say the charge is murder of a peace officer the judge could says I am going to impose 120 months in prison, defendant is eligible for after 100 months. If granted parole the total sentence 100 minutes in prison and 40 minutes on parole, for a total of 140 minutes (of 2 hours 20 minutes)
Plea Deals:
The state may come back with a plea agreement, even if you think its not the best move for your client, you are required to go over the plea agreement with them, and tell them the pros and cons of the plea agreement so they can make an informed decision on whether to accept or deny the plea agreement.
If you feel it is the best you still need to explain the whole plea agreement and what it means to the client, explain the pros and cons of the plea agreement, and maybe why you think its the best option. The client ultimately has the final say whether they accept or deny the plea agreement. If a plea agreement has been reached, it will go before the judge who will review the plea agreement and will talk to your client make sure they understand the plea agreement and can either accept or deny it.
Attorney Client Privilege:
From the initial consultation through the case you and your client have attorney client privilege, this means you must keep what your client tells you secret. There are some exceptions to this rule and here are some common exceptions. It is advised you read a little on this.
Death of a Client.
The privilege may be breached upon the death of a testator-client if litigation ensues between the decedent’s heirs, legatees or other parties claiming under the deceased client.
Fiduciary Duty.
A corporation’s right to assert the attorney-client privilege is not absolute. An exception to the privilege has been carved out when the corporation’s shareholders wish to pierce the corporation’s attorney-client privilege.
Crime or Fraud Exception.
If a client seeks advice from an attorney to assist with the furtherance of a crime or fraud or the post-commission concealment of the crime or fraud, then the communication is not privileged. If, however, the client has completed a crime or fraud and then seeks the advice of legal counsel, such communications are privileged unless the client considers covering up the crime or fraud.
Common Interest Exception.
If two parties are represented by the same attorney in a single legal matter, neither client may assert the attorney-client privilege against the other in subsequent litigation if the subsequent litigation pertained to the subject matter of the previous joint representation.
Conflict Of Interest:
As an attorney you do not want to setup anything that could be a conflict of interest. This could be representing two people that are charged in the same crime. Make sure you do create a conflict of interest. This could also happen if for example a neighbor wants sue his neighbor but you represent that neighbors business.
Don’t Have To Take A Case:
You do not have to take a case, if someone asks for your services and you after listening to the details feel that you do not want to take the case you are not required to. Anything the client tells you is confidential and may not be disclosed.