Relationship between lawyers and clients

1) FIRST CONSULTING AND CONFIRMATION OF MANDATE:when you go to a lawyer, check your real needs and ask if you need advice on how to move or deal with a problem (and then in this case you can resolve your relationship with the lawyer by issuing a simple opinion to voice or written or a cd first consultancy) or if you need a prolonged assistance (exchange of correspondence with the other party,

extrajudicial negotiations, proper treatment of a case), for which you must issue a written mandate to the lawyer . The difference is important and it is good to clarify immediately with the professional, because even the lawyer “yes, yes even do what you deem appropriate” may already constitute a mandate, with related costs: the “study of the controversy” already constitutes a first element for the professional in order to request a fee. To avoid misunderstandings and final annoyances, insist immediately to issue an estimate, even only “rough” and written of the costs of the intervention of your lawyer. Even if only indicative, it will still serve to make the lawyer accountable in the sense that he should at least inform you if the costs of his intervention prove to be greater than expected.

2) IF YOU DECIDE TO START THE CAUSE. The initiation of a lawsuit (or trial) or to stand trial against someone who has called you before a judge is always a “joint” choice between client and lawyer. If you are insecure, before facing the costs, alas, always high, of a trial, consider the possibility of consulting, in the form of a first consultation (see above) also a second lawyer, to hear a different opinion on your problem. Important is that the lawyer will also provide you with an assessment of the likelihood of success of any action. The obligation to inform the client about the chances of success of the cause he intends to promote represents a particular aspect of the duty of care of the lawyer’s deontological code. Be wary of anyone who promises you “sure victory”, better starting from “50 to 50”, not to delude yourself too much and then have sad surprises. Know in any case, it is very difficult, even for the best lawyer in the square, to establish a priori the real possibility of victory in a case: too many are the “variables” that can affect a process (legal arguments are not always certain and univocal, the wrong setting of a trial, testimonial and documentary evidence) and then ultimately, what matters is always the judge’s pronouncement. How many times, after a sentence of condemnation,

you hear affirmed “But if the lawyer had told me that I was right!”. Another thing to know: the lawyer’s obligations are so-called obligations. of “means” and not “result”: this means that the professional is not responsible if the result is not achieved in the expected or expected form! Know in any case, it is very difficult, even for the best lawyer in the square, to establish a priori the real possibility of victory in a case: too many are the “variables” that can affect a process (legal arguments are not always certain and univocal, the wrong setting of a trial, testimonial and documentary evidence) and then ultimately, what matters is always the judge’s pronouncement. How many times, after a sentence of condemnation, you hear affirmed “But if the lawyer had told me that I was right!”. Another thing to know: the lawyer’s obligations are so-called obligations. of “means” and not “result”: this means that the professional is not responsible if the result is not achieved in the expected or expected form! Know in any case, it is very difficult, even for the best lawyer in the square, to establish a priori the real possibility of victory in a case: too many are the “variables” that can affect a process (legal arguments are not always certain and univocal, the wrong setting of a trial, testimonial and documentary evidence) and then ultimately, what matters is always the judge’s pronouncement. How many times, after a sentence of condemnation, you hear affirmed “But if the lawyer had told me that I was right!”. Another thing to know: the lawyer’s obligations are so-called obligations. of “means” and not “result”: this means that the professional is not responsible if the result is not achieved in the expected or expected form! establish a priori the real possibility of victory in a cause: too many are the “variables” that can affect a process (legal arguments are not always certain and univocal,

the wrong setting of a trial, testimonial and documentary evidence) and then in the end, what matters is always the judge’s pronouncement. How many times, after a sentence of condemnation, you hear affirmed “But if the lawyer had told me that I was right!”. Another thing to know: the lawyer’s obligations are so-called obligations. of “means” and not “result”: this means that the professional is not responsible if the result is not achieved in the expected or expected form! establish a priori the real possibility of victory in a cause: too many are the “variables” that can affect a process (legal arguments are not always certain and univocal, the wrong setting of a trial, testimonial and documentary evidence) and then in the end, what matters is always the judge’s pronouncement. How many times, after a sentence of condemnation, you hear affirmed “But if the lawyer had told me that I was right!”. Another thing to know: the lawyer’s obligations are so-called obligations. of “means” and not “result”: this means that the professional is not responsible if the result is not achieved in the expected or expected form! too many are the “variables” that can affect a process (the legal arguments are not always certain and univocal, the wrong setting of a trial, the testimonial and documentary evidence) and then in the end, what matters is always the pronunciation of the judge. 

How many times, after a sentence of condemnation, you hear affirmed “But if the lawyer had told me that I was right!”. Another thing to know: the lawyer’s obligations are so-called obligations. of “means” and not “result”: this means that the professional is not responsible if the result is not achieved in the expected or expected form! too many are the “variables” that can affect a process (the legal arguments are not always certain and univocal, the wrong setting of a trial, the testimonial and documentary evidence) and then in the end, what matters is always the pronunciation of the judge. How many times, after a sentence of condemnation, you hear affirmed “But if the lawyer had told me that I was right!”. Another thing to know: the lawyer’s obligations are so-called obligations. of “means” and not “result”: this means that the professional is not responsible if the result is not achieved in the expected or expected form! you can say “But if the lawyer told me I was right!” Another thing to know: the lawyer’s obligations are so-called obligations. of “means” and not “result”: this means that the professional is not responsible if the result is not achieved in the expected or expected form! you can say “But if the lawyer told me I was right!” Another thing to know: the lawyer’s obligations are so-called obligations. of “means” and not “result”: this means that the professional is not responsible if the result is not achieved in the expected or expected form!

3) THE MANDATE (OR PROCUREMENT): when you give the OK for an assignment to a lawyer, these will make you sign the cd. power of attorney, which – attention – is usually very broad and usually includes the out-of-court phase, any negotiations before and during the case, the treatment of the first instance, the appeal, the execution phase and the appeal in Cassation. As you can see to your lawyer of confidence given in practice “carte blanche” on the whole process. If for some reason you want to free yourself from the relationship that binds you to the lawyer you must inform him in writing of the revocation of the mandate. However, evaluate well before changing lawyers, especially if the cause is in progress: in addition to behaving with certain additional costs, consider the convenience well!

Leave a Reply

Your email address will not be published. Required fields are marked *