Once you contact a lawyer, they will talk with you about your problem. The lawyer will want to know a little about your issue so they can run a conflict check. Lawyers cannot represent a person if there is a conflict of interest.
See the next question. Lawyers cannot represent a person if they have a conflict of interest. For example, in a lawsuit, a lawyer cannot represent both parties. The lawyer cannot act in the best interests of both parties when the parties are at odds with each other. There are exceptions to this rule where the clients consent to the lawyer acting even if there is a conflict of interest. For example, if you are buying or selling a house, one lawyer can act for the seller and the bank, and sometimes the buyer too.
The lawyer can only do this if everyone agrees and if everyone understands that the lawyer shares information with everyone — there is no confidential information.
You have retained a lawyer when you have talked to the lawyer, the lawyer has completed a conflict check and the lawyer has agreed to represent you. Usually this process ends with you and the lawyer signing a written retainer agreement.
If you cannot afford a lawyer, lots of community organizations and courthouse services provide free legal help. Visit LawCentral Alberta for a list of services in your area. Legal Aid also provides legal help for certain legal issues.
Legal Aid is not free but services are less costly than hiring a lawyer on your own. There are usually income limits for accessing free legal help or Legal Aid. Check with each service to see if you are under the limit. While a retainer agreement is not necessary, it is a good idea and best practice.
Usually a lawyer requires new clients to sign retainer agreements before the client will act. Retainer agreements protect both you and the lawyer by setting out the rules of the relationship and how you will be billed. Your lawyer represents you and your best interests but does not make decisions for you. Your lawyer advises you of options and then gets your instructions before taking any actions. Ultimately the decision is up to you. For example, if your lawyer receives a settlement offer from the other side, your lawyer will discuss the offer whether it is reasonable and the pros and cons of accepting or not accepting the offer.
You cannot instruct your lawyer to do illegal or unethical things. Your lawyer can refuse to continue acting for you if you do. Your lawyer can also refuse to continue acting for you if you continuously give them instructions contrary to their advice.
What do you not agree with? Do you not agree with the advice your lawyer is giving? Perhaps in your opinion your lawyer is not competent? Do you not like what your lawyer is saying because it is not what you want? Your lawyer must act in your best interests, but you might not always like what your lawyer has to say! If you have serious concerns with how your lawyer is managing your file, you can file a complaint with the Law Society of Alberta. If you decide that you and the lawyer are no longer a good fit, you can change lawyers.
See below for more information on changing lawyers. You can fire your lawyer or change lawyers at any time. But changing lawyers close to a trial or questioning date or other important step in the legal process can delay your case.
Your hearing or trial will proceed on the date scheduled. You should retain a new lawyer as soon as possible. You might also incur extra expenses in the transfer. Your lawyer will ask you to pay all unpaid fees, disbursements and charges incurred to date before they will give your file to you. If you have a contingency arrangement with the lawyer, check the contingency agreement to see what it says about the fees you have to pay if you or the lawyer ends the solicitor-client relationship.
If the lawyer is representing you in a court case, the lawyer must file a Notice of Withdrawal form with the court and serve a copy on you to complete the withdrawal process. A lawyer must give you reasonable notice that they will no longer be representing you.
There is no hard and fast rules about what length of time is reasonable notice. Generally, a lawyer cannot withdraw during a critical stage of the case or at a time when withdrawal would put you at a disadvantage. When your lawyer withdraws, you must pay all outstanding fees before the lawyer will give you the documents and information in your file. The retainer is an important way that the attorney and client establish a trusting relationship. By funding a retainer, the client is indicating that they can trust that the attorney will hold their funds for them until earned, and the attorney is indicating that they trust the client to continue the financial terms of the arrangement after the initial retainer is depleted.
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Part of. Internal Security Measures. Insurance Protection. Legal Tips. Table of Contents Expand. Table of Contents. Ways to Pay an Attorney. How Retainers Work. State Laws on Paying Attorneys. Your Practice. Popular Courses. What Is a Retainer Fee? Key Takeaways: A retainer fee is a payment made to a professional, often a lawyer, by a client for future services.
Retainer fees do not guarantee an outcome or final product. Portions of retainer fees can be refunded if services end up costing less than originally planned. Compare Accounts. The offers that appear in this table are from partnerships from which Investopedia receives compensation. This compensation may impact how and where listings appear. Investopedia does not include all offers available in the marketplace.
Related Terms Inside Mandatory Binding Arbitration Mandatory binding arbitration requires the parties to resolve contract disputes before an arbitrator rather than through the court system.
How Fees Work A fee is a fixed price charged for a specific service and is paid in lieu of a salary. A fee can also be additional charges on a good or service. What Is an Agency Problem? An agency problem is a conflict of interest where one party, motivated by self-interest, is expected to act in another's best interests. What Does an Independent Contractor Do?
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