Blog

Statement of Client’s Rights and Responsibilities in Divorce Cases in the Orlando, Florida Area

In a divorce case, you should discuss with your lawyer the possibility of preserving your marriage and the availability of marriage counseling.

You are entitled to a lawyer who will be capable of handling your case, show you courtesy and consideration at all times, represent you completely, and preserve your confidences and secrets that are revealed in the course of the representation.

Your lawyer shall provide you with a written retainer agreement which sets forth the nature and scope of representation and details of the fee arrangement. You should not sign the retainer agreement until you fully understand it. 

Your lawyer may request that all or part of your retainer be non-refundable. Your lawyer must specify in writing the manner in which the retainer will be applied.

Unless your retainer agreement provides to the contrary, you are entitled to receive a written, itemized bill on a periodic basis which shall be sent at least every sixty (60) days. Interest may be charged on the unpaid balance as permitted by law.

You are expected to promptly review each bill your lawyer sends to you. Unless your retainer agreement provides to the contrary, you must notify your lawyer in writing of any objections or errors no later than thirty (30) days from the date each bill is mailed. Lawyer time spent in discussion or explanation of bills will not be charged to you, except when collection or enforcement measures are taken.

You are entitled to be kept informed of the status of your case and to be provided with copies of all important papers prepared on your behalf or received from the court or the other party.

You have the right to be present at all court proceedings unless a judge orders otherwise.

You are entitled to make ultimate decisions on the objectives to be pursued in your case and the final decision regarding the settlement or the trial of issues. Such decisions and objectives are subject to legal and ethical constraints by which you and you lawyer must abide.

Your lawyer’s written retainer agreement must specify under what circumstances he or she may seek to withdraw from your case.  Should your lawyer withdraw, or should you discharge your lawyer for any reason; you have the right to obtain from your lawyer a discovery that formerly was placed in the court filed, provided you pay your lawyer in advance for all reasonable costs and copying.

Your lawyer should inform you of the method of alternative dispute resolution including settlement negotiations, mediation, and arbitration.

The retainer agreement should set forth how any fee dispute will be resolved, such a mediation, court adjudication (with or without jury), or arbitration.

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation.

This article is for informational purposes only and does not form an attorney client privilege.