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Personal Injury

The Ethical and Legal Obligations Your Attorney Has to Your Injury Case

By July 5, 2022July 8th, 2022No Comments
The Ethical and Legal Obligations Your Attorney Has to Your Injury Case

Accidents can be stressful, especially when you are injured. You may need to hire an injury attorney, which can be unknown territory to navigate. Many people worry about finding an honest lawyer to represent them, but something you may not know is that attorneys have ethical and legal obligations to every client. These obligations are meant to protect you and ensure your case is handled professionally with your best interests in mind.

Attorney-Client Privilege

The attorney-client privilege rule ensures that conversations between you and your attorney are private. This rule legally includes oral communication as well as emails and text messages.

Attorney-client privilege is a rule in place to keep all communication confidential. Honesty with your attorneys allows them to offer you the best service. Even if you are hesitant to share details that may be embarrassing, attorney-client privilege ensures that those details stay between you and your attorney. The more they know about your situation, the better they can represent you.

Ethicality

Law and ethics go hand in hand. You are entitled to ethical representation, and your attorney is obligated to act ethically when working your case.

To act ethically, your attorney must disclose any conflict of interest. If any conflicts exist, your attorney should not take your case. For example, if your case is a car accident, it would be a conflict of interest for your attorney to represent the individuals in both cars involved in the accident.

Your attorney also has a legal obligation to comply with the law. They should never participate in any form of misconduct, such as:

  • Dishonesty
  • Engaging in sexual acts with a client
  • Hiding evidence
  • And more

Honesty About Your Case

Attorney Is Obligated To Act Ethically

Your attorney must be transparent with you about your case, and they must be truthful when discussing any aspect of your case with you. Attorneys are legally obligated to inform you of any settlement offers from insurance companies.

Honesty helps build trust between an attorney and their client. Withholding or falsifying any information can make for a weak case due to discrepancies.

Being honest also helps to set realistic expectations about your case. If you hire an attorney who tells you what you want to hear instead of being honest, you may experience disappointment with the outcome of your case, and this can cause animosity between the two of you.

Competent Representation

When choosing an attorney, finding someone with the right skill set to handle your injury case is vital. There are many attorneys, but not all are equal in terms of expertise. You will want an attorney specializing in injury and accident cases like yours.

Your attorney is ethically obligated to take on cases that they are competent enough to work. If they have handled cases like yours before, they must provide you with competent representation.

Attorneys are also ethically, and sometimes legally, obligated to reject your case if they feel they are not competent enough to take it; this usually happens when the attorney has not worked with similar cases. They may ask for help from another attorney competent enough to handle it.

Acting in the Best Interests of the Client

Your attorney is both ethically and legally obligated to act in your best interest. In other words, they should work to get you the best possible outcome. If the insurance company offers you a settlement amount and your attorney thinks they are low-balling you, they should tell you. Your attorney should also tell you when they think you should accept a settlement.

If your attorney and the insurance company cannot settle on an amount, your attorney may suggest taking the case to court. If this is the case, they should explain whether or not they think it’s a good option and the possible outcomes.

While acting in your best interest, your attorney should act with reasonable diligence. They should show commitment and dedication to your interests as a client while still following the law; this can include responding to clients promptly and letting them know when they will not be available for communication.

Contact an Experienced Mottaz & Sisk Attorney

Contact an Experienced Mottaz & Sisk Attorney Today

We are committed to ensuring that everyone knows what they are getting into when pursuing an injury case, and how to assess if your attorney is acting in your best interest.

If you’re interested in learning more about the ethical and legal obligations your attorney is required to follow, contact Mottaz & Sisk Injury Law today.

Jerry Sisk

Jerry is a Minnesota workers' compensation attorney and work injury lawyer. He a member of the Minnesota State Bar Association, Minnesota Association of Justice, and Anoka County Bar Association. He has 10/10 on Avvo, 5 Stars on Google, AV Rated through Martindale-Hubbell and National Trial Lawyers Top 100. Currently, he is Co-Chair of the Work Comp Section of the Minnesota Association of Justice.