Are Family Attorneys in Illinois Bound to Promises Made When Retained?

Question from Bezos, Are Family Attorneys in Illinois Bound to Promises Made When Retained?

Answer from AI:

When you hire a family attorney in Illinois, you enter into a professional relationship that is governed by both ethical rules and contractual obligations. Understanding these rules can help you know what to expect and what your rights are.

Attorney-Client Agreement

When you retain a family attorney, you typically sign a retainer agreement. This document outlines the scope of services, fees, and other important terms. It is crucial to read and understand this agreement because it forms the basis of your contractual relationship.

• Scope of Services: The agreement should clearly state what services the attorney will provide.
• Fees: It should also specify how fees will be calculated and billed.
• Retainer Fee: This is an upfront payment that the attorney will draw from as they perform work on your case.

Promises and Ethical Obligations

Attorneys are bound by ethical rules set forth by the Illinois Rules of Professional Conduct. These rules require attorneys to act with competence, diligence, and honesty.

• Competence and Diligence: Rule 1.1 and Rule 1.3 require attorneys to provide competent and diligent representation.
• Communication: Rule 1.4 requires attorneys to keep clients reasonably informed about the status of their case.
• Fees: Rule 1.5 requires that fees be reasonable and that the basis for fees be communicated to the client.

Depletion of Retainer Without Performing Services

If you believe your attorney has depleted your retainer without performing the promised services, this could be a breach of contract or an ethical violation. Attorneys are required to use retainer funds only for the purposes specified in the retainer agreement.

Steps to Take

1. Review the Retainer Agreement: Check the agreement to see what services were promised and how fees were to be billed.
2. Request an Accounting: Ask your attorney for a detailed statement showing how the retainer funds were used.
3. File a Complaint: If you believe there has been an ethical violation, you can file a complaint with the Illinois Attorney Registration & Disciplinary Commission (ARDC).

Requirement for Money Statements

Attorneys are generally required to provide periodic statements showing how retainer funds are being used. This is part of their duty to keep clients informed and to handle client funds responsibly.

• Monthly Statements: Many attorneys provide monthly statements, but the frequency can vary.
• Detailed Accounting: Statements should include a detailed accounting of services performed and fees charged.

Consulting a Legal Professional

If you have concerns about your attorney’s conduct, it is advisable to consult with another legal professional. They can provide personalized advice based on the specifics of your situation.

For more information, you can visit the [Illinois Attorney Registration & Disciplinary Commission (ARDC)](https://www.iardc.org/) website.

Remember, this information is intended to provide a general understanding of the topic. For personalized legal advice, always consult with a qualified attorney.