What Will Be Discussed at a Legal Consultation?
Of course, the nature of the discussion would depend on whether the consultation is a first meeting or one that takes place in the course of the lawyer’s representation of the person. If the consultation is the first meeting of a person and a lawyer, they will discuss the nature of the issue that prompted the person to talk to a lawyer. The lawyer may be able to answer a person’s questions about their problem in this first meeting.
However, often, a person needs representation in a situation that may continue for months or even years. For example, a person may have suffered a significant injury in a car accident that was caused by the negligence of another person. If so, their case may start out with negotiations with the negligent person’s insurance company.
If the situation cannot be resolved through negotiation, the attorney may need to file a lawsuit. Again, a lawsuit may continue for a lengthy period of time, possibly even years.
Of course, during a first meeting, one of the topics of discussion would be the consultation fee and then how the attorney would be paid if the attorney takes on representation of the client. Generally, attorneys charge in one of three ways. They charge an hourly fee billed monthly, a contingency fee, or a flat fee.
But that would not be the only topic of conversation, of course. The attorney and the client would also want to talk about what needs to be done in the person’s situation and what next steps the attorney would take. They would discuss how the attorney plans to handle the case and what the client’s role would be. Clients would also want to understand what result they can expect from the attorney’s representation.
If the client were to hire an attorney to represent them, they would want to have a clear understanding of the terms of the relationship. It would be a good idea to have a written contract that the attorney and the client could review together.
If the meeting is one that takes place later in the course of an attorney’s representation of a client, they might discuss many different topics. The attorney might share recent developments in the client’s case. The client might need to make a decision about which direction to take or whether the client should accept a settlement offer.
They might need to prepare for a deposition or a court hearing. If the lawyer has drafted a will or a contract for a client, they might review these items and discuss possible revisions. Depending on the legal issue, they might discuss any aspect of the lawyer’s representation or the client’s issue.
Will My Legal Consultation Be Confidential?
In the state of South Carolina, as in all states, licensed attorneys have a well-established legal obligation to respect the South Carolina Rules of Professional Conduct in their relationships with their clients.
There is a rule regarding confidentiality. It provides that a lawyer is obligated not to reveal information about their client that they learn while representing them. Of course, this would include information about the client and their legal problem.
There are exceptions to this rule. A lawyer may reveal information about a client if the client consents to the disclosure. Disclosure of the information may be authorized by implication. This means that it is necessary to carry out the representation. There are other exceptions that are technical in nature.
Probably the most important one is that a lawyer may disclose what a client tells them if the lawyer reasonably believes that they must disclose it in order to prevent death or substantial bodily injury that is reasonably certain to occur to another person.
So, in other words, if a client were to tell their lawyer that they plan to inflict serious bodily injury or even death on another person, the lawyer would be able to notify law enforcement of the threat.
In South Carolina, an attorney may reveal a client’s communication in order to prevent the client from committing any kind of criminal act.
A South Carolina attorney may reveal a client’s communication to prevent the client from committing fraudulent misrepresentation that could cause injury to the financial interests or property of a third party, if the client uses the lawyer’s services to further their fraud. There are other circumstances related to fraud that allow the lawyer to reveal a client’s communication.
A client could have concerns about the confidentiality of their legal consultation. In this case, they should certainly ask the lawyer for assurance that their communications are confidential and to explain the lawyer’s obligation with respect to confidentiality.
What Are Some Questions to Ask During a Legal Consultation?
A person should probably prepare some questions before appearing for a meeting at their lawyer’s office. Of course, if their meeting is a first one, as noted above, a client would want to ask about the consultation fee for the initial meeting and how and when it should be paid.
If the client hires the attorney to represent them for a particular purpose, e.g. to prosecute a lawsuit for them, they want to have a clear understanding of how and when the attorney is going to be paid. In fact, an agreement on this issue should be reduced to writing.
The client wants to have a clear understanding of exactly what service the attorney is going to provide for them and what the result of the attorney’s work should be. So, for example, if a person hires an attorney to file for divorce, they want to know that the attorney is going to represent them through to the end of the divorce process, would deal with any related issues, e.g., child custody, child support and alimony, and at what cost.
If the attorney is going to prepare and file a lawsuit for a person, they should ask what the result might be. They should hear an honest assessment of their chances for success and the strengths and weaknesses of their position.
Generally, a person should ask their attorney whatever questions they have. They want to continue to ask until they have a clear understanding of the terms of their relationship with their attorney. They also want to ask the questions they have about how their case is going to proceed. They should not be afraid to ask any questions they may have.
Are Lawyer Consultations Free?
Sometimes, an attorney offers a first meeting with a person free of charge. Generally, however, attorneys do not offer their services for free. There are very few exceptions to this proposition. They might do so if they work for a non-profit, charitable organization that offers representation to people free of charge. An attorney might offer their services at a lower cost than is common because they work for a charitable legal aid society.
Also, if the attorney is a public defender in a criminal case, they may not charge their client for their services. Generally, state governments pay an attorney to represent a defendant in a criminal prosecution if the defendant cannot afford to hire an attorney for their defense.
In any situation other than these, a client would most likely need to pay their attorney for their representation.
How Much Does a Lawyer Cost?
In South Carolina, what an attorney charges for their representation is going to vary depending on many factors. This is going to be the case in any state in the U.S. Attorneys in large cities, e.g. Charleston, usually charge more than attorneys in the rural and remote parts of the state.
There is a market for attorneys’ services, just as there is a market for other types of services. Some attorneys have reputations for excellence in certain markets, and their fees may reflect that, i.e., it would be higher than the fees charged by other attorneys.
Also, attorneys generally charge different kinds of fees in different kinds of cases. An attorney might charge a flat fee for a straightforward divorce if there are no children or other issues that would complicate the case. An attorney might charge a flat fee to draft a will. They might require an hourly fee to represent a partnership in a business-related lawsuit. Usually, lawyers charge a contingency fee in personal injury lawsuits.
Finally, the fee an attorney charges in a case depends on the facts and circumstances of each case. In some cases, if an attorney provides a standard service, they know how much time they can expect to spend. For this reason, they may charge a flat fee. Other cases require more of an attorney’s time, and in those situations, the attorney is more likely to charge an hourly fee.
In addition, some cases may involve expenses that the client must pay. For example, if a case requires the participation of expert witnesses, the client would have to pay the cost of hiring the expert, and other costs as well.
Should I Contact an Attorney and Schedule a Legal Consultation?
If you need legal services, you want to consult a local attorney in South Carolina. In most cases, the fee is going to be something that most people can afford. It is possible that your questions about your problem could be answered in one meeting. Or, if your issue requires continuing representation by a lawyer, the consultation would help you understand your next steps and what the lawyer can do for you going forward.
One great option is to present your problem to a LegalMatch.com attorney who lives in your area. The service is completely confidential, and it costs nothing. If you need continuing representation, your attorney responds with an offer to represent you that comes with a complete attorney profile, details on their fee structure, their background, and ratings from other LegalMatch users. With this information, you should be able to decide if the attorney is the right one for you.
