STATEMENT OF CLIENT'S RIGHTS AND RESPONSIBILITIES
Your attorney is providing you with this document to inform you of what you, as a client, are entitled to by law or
by custom. To help prevent any misunderstanding between you and your attorney please read this document carefully
If you ever have any questions about these rights, or about the way your case is being handled, do not hesitate
to ask your attorney. He or she should be readily available to represent your best interests and keep you
informed about your case.
An attorney may not refuse to represent you on the basis of race, creed, color, sex, national origin
You are entitled to an attorney who will be capable of handling your case; show you courtesy and
consideration at all times; represent you zealously; and preserve your confidences and secrets
that are revealed in the course of the relationship.
You are entitled to a written retainer agreement, which must set forth, in plain language, the nature
of the relationship and the details of the fee arrangement. At your request, and before you sign
the agreement, you are entitled to have you attorney clarify in writing any of its terms, or include
You are entitled to fully understand the proposed rates and retainer fee before you sign a retainer
agreement, as in any other contract.
You may refuse to enter into any fee arrangement that you find unsatisfactory.
Your attorney may not request a fee that is contingent on the securing of a divorce or on the amount
of money or property that may be obtained.
Your attorney may not request a retainer fee that is non refundable. That is, should you discharge
your attorney, or should your attorney withdraw from the case, before the retainer is used up,
he or she is entitled to be paid for the time spent on you case and any expenses, but must return
the balance of the retainer to you. However, your attorney may enter into a minimum fee arrangement
with you that provides for the payment of a specific amount below which the fee will not fall based
upon the handling of the case to its conclusion.
You are entitled to know the approximate number of attorneys and other legal staff members who will
be working on your case at any given time and what you will be charged of services of each.
You are entitled to know in advance how you will be asked to pay legal fees and expenses, and how the
retainer, if any, will be spent.
At your request, and after your attorney has had reasonable opportunity to investigate your case, you
are entitled to be given an estimate of approximate future costs of your case, which estimate shall be
made in good faith but may be subject to change due to facts and circumstances affecting the case.
You are entitled to receive a written, itemized bill on a regular basis, at least every 60 days.
You are expected to review the itemized bills sent by counsel, and to raise any objections or errors
in a timely manner. Time spent in discussion or explanations of bills will not be charged to you.
You are expected to be truthful in all discussions with your attorney, and to provide all relevant
information and documentation to enable him or her to competently prepare your case.
You are entitled to be kept informed of the status of your case, and to be provided with copies of
documents prepared on your behalf or received from the court or your adversary.
You have the right to be present in court at the time that conferences are held.
You are entitled to make the ultimate decision on the objectives to be pursued in your case,
and to make the final decision regarding the settlement of your case.
Your attorney's written retainer agreement must specify under what circumstances he or she might seek
to withdraw as your attorney for nonpayment of legal fees. If an action is pending, the court may
give your attorney a "charging lien," which entitles your attorney to payment for services already
rendered at the end of the case out of the proceeds of your judgment.
You are under no legal obligation to sign a confession of judgment or promissory note, or to agree to
a lien or mortgage on your home to cover legal fees. Your attorney's written retainer agreement
must specify whether, and under what circumstances, such security may be requested. In no event
may such security interest be obtained by your attorney without prior court approval and notice to
your adversary. An attorney's security interest in the marital residence cannot be foreclosed
You are entitled to have your attorney's best efforts exerted on your behalf, but no particular
results can be guaranteed.
If you entrust your money with an attorney for an escrow deposit in your case, the attorney must
safeguard the escrow in a special bank account. You are entitled to a written escrow agreement,
and may request that one or more interest-bearing accounts be used. You are also entitled to a
written receipt, and complete record concerning the escrow. When the terms of the escrow agreement
have been performed, the attorney must promptly make payment of the escrow to all persons who are
entitled to it.
In the event of a fee dispute, you have the right to seek arbitration. Your attorney will provide
you with the necessary information regarding arbitration in the event of a fee dispute, or upon
Gerard R. Roux II
Attorney at Law
Temporary contact information during relocation/construction.
P.O. Box 393, Transit Road
East Amherst, New York 14051
Attorney and/or staff available ONLY by appointment.
Office Address: 107 North Main Street, Broadalbin, New York 12025
Mail NOT ACCEPTED at this location.
Service by facsmile transmission (fax) or electronic mail (email) is not accepted.
Confidentiality Notice: Copyright Notice: All Rights Reserved:
This website and/or e-mail (electronic mail) transmission is intended only for the use of the individual or entity to whom it is addressed and may contain confidential information belonging to the sender which is protected by the Attorney-Client Privilege or as Attorney Work Product. If you are not the intended recipient, you are notified that any disclosure, copying, distribution of or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this website link and/or e-mail transmission in error, immediately notify us by reply mail or by telephone. The contents of this website, email, attachments and inclusions are protected under the Copyright Laws of the United States of America as well as all applicable international laws and conventions.