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What Obligations Does My Lawyer Have to My Case?

Posted on behalf of Anderson Cummings on Dec 23, 2021 in Personal Injury

Gavel and CompassWhen you work with an attorney after suffering an injury, you should know what obligations he or she may have to you and your case. Having a lawyer who adheres to these standards is important, as it could be the difference between getting or not getting the compensation you need.

If you were injured in an accident caused by someone else’s negligence, you should strongly consider speaking to one of our knowledgeable personal injury attorneys in Fort Worth to learn more about your legal options. Our attorneys have over 50 years of combined experience and are prepared to fight for your rights ethically and diligently.

Below, we discuss what you should expect from your attorney.

Acting in Your Best Interest

One of the most important obligations an attorney has to his or her client is to act in the person’s best interest. This means that your attorney should be offering legal advice on your case that would benefit you, not the opposing party or himself or herself.

Acting in your best interest may be especially important for injury cases because you should not be pushed by your attorney to undergo unnecessary medical procedures that would only benefit the dollar value of your case and not your health. In fact, your attorney is not a doctor and therefore should not be offering any medical advice. This should be left to your treating doctor.

It should be a red flag if your attorney is strongly pushing you to undergo a medical procedure you do not feel comfortable with, especially if your doctor is not strongly recommending it.

Your attorney acting in your best interest also means working to maximize your compensation, such as by knowing when to settle a case or go to trial. There are some instances when settling a claim may be a better option than taking the risk of going to court. However, it is important to note that these decisions must be made with your full knowledge and support.

Competency in the Case

Your attorney should have the knowledge, experience, and ability to take on your case and provide competent representation of your interests.

Say your injury case involves multiple individuals and some additional investigation may be necessary to determine liability for your damages. A lawyer who does not have the resources to conduct the required investigation may not be able to competently handle your claim.

While every accident claim may have different facts, a good attorney should have a foundational understanding of how to establish liability and build a strong case for compensation. In some circumstances, an attorney may consult with experts in a field or colleagues at their firm, but overall, he or she should be able to handle the cases taken on.

Some experts may even argue that attorneys should not take on cases they are unable to handle without outside help.

Ethical Behavior

Obviously your attorney should not break the law while representing you during an injury case. But did you know your attorney also has a duty to be ethical? This includes:

  • Disclosing conflicts of interest to a client
  • Not taking on cases where a conflict of interest exists
  • Being honest and forthcoming with a client about his or her case

The Texas state bar association outlines additional ethical provisions attorneys must adhere to when practicing in the state.

Consistent and Confidential Communication

Your attorney also owes you a duty to be consistent with communication in addition to keeping the content of those conversations confidential.

During the process of your case, your attorney should be keeping you up to date on what is happening in terms of negotiations with the liable insurance company and whether there is a need for additional information to help move your case along.

Your attorney is also obligated to keep all communications and aspects of your case confidential. The facts of your case may only be discussed with members of his or her firm or those consulting on the case. Oral and written conversations with your attorney are considered privileged information and not subject to discovery.

Call Us Today

With over 50 years of combined experience representing injury victims in Fort Worth, our attorneys are prepared to help you fight for the compensation you need. We have successfully recovered millions in compensation on behalf of our clients.

The consultation to discuss your claim is free and confidential, and we do not charge you anything up front while we work on your case.

Call (877) 920-9009 to schedule a no-cost, no-obligation consultation.