General Information

For many, their family law experience is the one and only time in their lives when they will deal with a lawyer and a Court. The entire experience can be daunting and strange. Like every profession, lawyers have our own language. We relate to our clients as we are required, according to the ethical rules of our profession. But, we sometimes forget that what is second nature to us is foreign to our clients. Here is some information that should help make the attorney-client relationship more understandable:

Confidentiality

Communications with this office concerning your case are confidential and are protected from disclosure under attorney-client privilege rules. This privilege is not absolute, and we may be required to reveal information if necessary to prevent a crime or fraud. This privilege of confidentiality can also be lost if the client discuss our communications with other persons (even family and friends).

Office Hours

Our office hours are Monday through Friday, 8:00 a.m. to 5:00 p.m. Central Standard Time.

Location

Our office is located two blocks north of the Fargo Dome, specifically in the Insight Professional Offices, 1375 21st Avenue North, Suite A, Fargo, North Dakota.

Fees & Billing

A fee agreement must be signed upon becoming a client of this office. Clients are required to pay a retainer before any work begins. The retainer amount required and the hourly rates to be charged are made known to the client before representation begins. Every person in the office records his/her time, which is multiplied by his/her hourly rate. Clients receive itemized monthly bills.

Copies of Documents

In an effort to keep our clients informed, we try to send copies of all substantive correspondence and pleadings (legal documents) to our clients. We suggest that clients keep all the documents in a safe place, in an organized manner, and away from the opposing party. In that way, when we need to discuss with our clients a particular document, it will be readily available.

Communication

Communication is the essence of a good attorney-client relationship. Our office strives to provide timely and efficient feedback to all questions from clients. It is our office policy to attempt to return every phone call within 24 hours. If the attorney is unavailable to personally return the call, one of our qualified legal staff members will insure that the client is taken care of.

Advice

Legal advice will only be delivered by an attorney in our office. Although our legal staff are knowledgeable about procedures and are able to answer clients' procedural questions, they may not answer legal or personal questions, without authorization from one of our attorneys.

Settlement Negotiations

Few people like to go to court since court procedures are expensive and cause bitterness. Therefore, we make every reasonable effort to settle cases without litigation. The "when," "how," and "by whom" settlement is accomplished varies from case to case. Clients always have a right to conduct their own settlement negotiations, however we strongly urge them not to do so without first consulting us. The settlement of a client's case requires evaluation of the facts and law, a skill as important as the presentation of the case in court.

Client's Rights

An attorney may not refuse to represent you on the basis of race, creed, color, sex, sexual orientation, age, national origin or disability.
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 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 your attorney clarify in writing any of its terms, or include additional provisions.
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 nonrefundable. 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 commensurate with the work performed on your 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 for the services of each.
You are entitled to know in advance how you will be asked to pay legal fees and expenses and, generally, how the retainer, if any, will be spent.
If you are being charged at an hourly rate, you are entitled to receive a written, itemized bill on a regular basis, at least every month.
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 explanation 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 correspondence and 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 may withdraw as your attorney if you are dishonest, don't pay your fees, are uncommunicative, if you make his or her work difficult, if your interests conflict with those of other past or current clients, and for a variety of other reasons.
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. In no event may such security interest be obtained by your attorney without prior court approval and notice to your adversary.
You are entitled to have your attorney's best efforts exerted on your behalf, but no particular results can be guaranteed.
If you entrust money with an attorney for a retainer in your case, the attorney must safeguard the retainer in a special bank account, called a "trust account." You are entitled to a written fee agreement, a written receipt, and a complete record concerning the trust account. Our office provides that record within its monthly billing statements. When the terms of the representation have come to an end, any remaining balance is yours, and will be promptly refunded.