Archive for ‘General Practice’

November 23, 2013

What Duties does Your Attorney Owe You?

So, you’ve hired an attorney. You’ve met with him or her one or more times, discussed the merits of your legal issue as well as how best to proceed with your case. The next step will likely involve the attorney asking you to sign a “retainer” or “fee agreement.” Typically these agreements outline the lawyer’s scope of representation and fee structure, and a good retainer agreement should give you an idea of the lawyer’s role in your case and what exactly his or her representation will entail.

 What many retainer agreements are silent on is the set of responsibilities that an attorney owes to you as a client. Like any profession, lawyers are subject to a wide array of rules and regulations concerning their behavior and conduct, and amongst those rules are a set of basic obligations owed to clients. So while the retainer agreement you’re asked to sign may have some express provisions, attorneys owe clients the following duties:

1.      Your attorney must treat your case with competence and care. Your attorney must possess the legal knowledge, thoroughness and skill to provide you with competent representation, and must make all necessary reasonable preparations.

2.   Your attorney must act with reasonable diligence and promptness in his or her representation. An attorney must also control his or her workload so that matters can be handled competently.

3.     Your attorney must communicate with you. As your counsel, it is your attorney’s job to explain all matters to you to the extent reasonably necessary to permit you to make informed decisions in your case. Your attorney must promptly inform you of any decision or circumstances requiring your informed consent. They must consult with you regarding the objectives of your case and how to meet those objectives. They must keep you reasonably informed about the status of your case, reply to your requests for information and consult with you regarding any limitations that may be placed on their conduct.

4.     Your attorney has a duty to preserve all confidential information, and maintain the attorney-client privilege.

5.     Your attorney has a duty to protect your property. This duty extends to proper management of any funds you transfer into your attorneys possession; these funds must be properly managed and it is the duty of the attorney to provide proper record keeping.

6.    Your lawyer must exercise independent and professional judgment and render candid advice. In addition, while it is a lawyer’s job to act as counsel, they must ultimately abide by your decision concerning the objectives of representation and follow your instructions and wishes regarding settlement and other matters. Ultimately, you as the client have the final say in a legal matter, and it is the duty of the attorney to respect your decision.

Attorneys for The Carroll Law Firm are well aware of the duties we as attorneys owe to our clients and strive to meet their expectations in all areas of representation. We recognize the nuances of the attorney-client relationship and realize that our obligations as your attorney go above and beyond what may be listed on your fee agreement. If you ever have a question or concern about legal representation, please contact us at (623)551-9366.

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November 14, 2013

Don’t Wait until the New Year to Start your Resolutions

Attorneys often hear the phrase, “I hope I never need an attorney” or “I hope I never need your services.” Society often associates a law firm’s services and the need for an attorney as only being for when negative situations have arisen. There are many reasons to visit an attorney’s office, not only for negative situations in life. Many people take on new life adventures such as starting a new business, getting married, or starting a family, and could use the services of an attorney. Do not wait until the New Year to start your resolutions, and get a head start on your adventures.

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October 30, 2013

Why Pay a Lawyer?

Often people ask, “Why pay a lawyer?” when legal document prepares in Arizona can often prepare documents that people would normally go to a lawyer to prepare instead. Arizona  is  rather lax in allowing non-lawyers prepare what are essentially “legal documents.” These individuals typically prepare wills, trusts, powers of attorney, divorce and bankruptcy petitions, Limited Liability Company filings and other such documents. In addition to these “document preparers”, there are several online websites that essentially offer the same services.

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October 28, 2013

Teen Drivers

Getting a learner’s permit and driver’s license are rites of passage for many teenagers.  Parents need to know the law as it pertains to their teen drivers.

Children generally can get their instruction permit when they’re 15 ½ years old.  If the child’s parents are married to each other, usually only one parent needs to sign their child’s permit application.  If the child’s parents are divorced and both parents have custody, both parents must sign their child’s permit application. The child must pass a written test and a vision exam to get their permit.  When the child is driving, a licensed driver at least 21 years old must sit in the front passenger seat.  Children generally can apply for their driver’s license when they turn 16, provided that they have had their permit for six months and completed at least 30 hours of supervised driving practice, with at least 10 of those hours occurring at night.

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October 18, 2013

Anthem’s Sixth Annual Autumnfest

The Carroll Law Firm is happy to be one of the sponsors for the sixth annual Autumnfest celebration, which will be held at the Anthem Community Park on Saturday, October 26th 10:00 A.M. to 5:00 P.M. and Sunday, October 27th from 10:00 A.M. to 4:00 P.M.

This year’s Autumnfest offers several activities the whole family can enjoy. There will be a Kid’s Zone offering fun hay rides, inflatables, and a racing track for toy cars, along with other activities such as pumpkin picking, carnival rides and games, arts and crafts booths, and much more. What better way to celebrate the beautiful weather and the start of the fall season than at Autumnfest with family and friends!

For more information, please visit The Official Anthem Arizona Community Website at http://www.onlineatanthem.com/special-events-autumnfest