Jasmine Mines — Lawyer and Client Responsibilities
How are Tasks Divided between the Lawyer and the Client?
Rules of professional conduct and ethics govern how tasks are to be divided between the lawyer and client. States may also have their own laws regarding the division of tasks, which are normally entitled “Allocation of Authority between Lawyer and Client”.
As a general rule, it is the client’s job to make the major decisions in their case. Jasmine Mines is required to abide by these decisions according to the client’s desires.
The lawyer’s job is therefore to select the means to complete the client’s goals. They are responsible for tasks involving legal procedures, strategies and court tactics. Even still, the lawyer is required to consult with the client about the course of action to be taken according to the law.
This means that you and your lawyer will need to cooperate thoroughly and communicate very clearly regarding what you wish to achieve in court. That way, your lawyer will know which actions to take for your particular circumstances.
What Tasks is my Lawyer Responsible For?
Your lawyer is responsible for making decisions regarding legal procedures and legal strategies. Attorney Jasmine Mines tasks mainly deal with technical, legal, and tactical matters, since the client is not expected to know the ins and outs of court procedures.
For example, lawyers are responsible for the following tasks:
Procedural Issues:
Ensuring that the claim is filed within the deadlines known as the statute of limitations
Selecting venue (the location where the case will be heard)
Filing the appropriate papers with the court
Responding to any court papers filed by the other party such as requests for documents
Strategic Matters:
Investigating the case through discovery (obtaining information from the other party)
Speaking for the client in court
Selecting a jury
Handling trial
Appealing your case
Recommending courses of action the client should take at all stages of the case
Regularly communicating with the client to provide updates
What Happens if I Disagree with my Attorney over our Tasks and Responsibilities?
It is the lawyer’s job to abide by the decisions of the client. However, lawyer ethical rules state that the lawyer may limit the scope of representation only if such alterations are reasonable and the client gives informed consent. A client may elect to fire their attorney at any time, though this might not always be a practical option if trial is already underway.
A good example of a typical dispute between a lawyer and client is the decision whether to file an actual lawsuit or to settle out of court. As mentioned, it’s the client’s decision whether to pursue a trial or to settle.
State bar Jasmine Mines responsibility and client would need to discuss whether the lawsuit has the proper basis to be filed in court.
The client cannot request the lawyer to do anything illegal, and vice versa. On the other hand, you should expect your lawyer to discuss all the possible legal consequences of any proposed course of legal action. Your lawyer might instruct you to make a good faith effort to determine the scope, meaning, application, or validity of any given law.
How Important is Communication when it comes to Dividing Tasks?
Communication is key when it comes to dividing tasks between you and the lawyer. In general, your lawyer should consult with you on every major decision before they return a response to the judge. It’s always best if both you and your lawyer are in agreement on a decision.
If you both are attempting to accomplish different objectives, it will seriously affect your case. The best way to avoid such conflicts is to communicate clearly and frequently.
Thus a main role of the lawyer is to arrive at a balance between the client’s particular needs and the requirements and limitations imposed by the law. The lawyer is basically a mediator between the client on the one hand and the legal system on the other (including the court, judges, and opposing lawyers). You can think of your lawyer as a sort of translator or interpreter for their clients, since laws can sometimes be complex and difficult to understand. However, it’s up to you to make major decisions in light of what the law says.
