attorney legal services
Advice from business attorneys in Michigan
The relationship between an attorney and a client is a unique one based on facts and information a client may not let many other people be privy to in normal circumstances. A client has a privileged relationship with his or her lawyer, meaning the information shared between them remains confidential and that both parties can choose which elements of the information shall be kept private and which may be disclosed in public.
While attorney-client privilege is universally understood, certain types of lawyers are imposed with exceptions to this privilege based on their practice focus within the law. Transactional attorneys have a different type of attorney-client privilege than most lawyers and the extent of the confidentiality privilege to which they are entitled depends upon the nature of the services they provide to a business and the primary purpose of their services.
What affects the confidentiality privilege of transactional attorneys?
The type of services provided by a transactional lawyer to a company ranges depending on the company’s needs. Services may range from being advisory and consultatory in nature, as in business planning and analyzing, to strict legal representation, as in business dispute litigation.
If a business attorney is analyzing or advising on business strategy, managing transactions, or providing business consultations on maximizing assets without providing legal representation for a business, he or she is not entitled to attorney-client privilege. As such, he or she is not required to keep information shared by the client confidential.
If a transactional attorney is managing or negotiating a business transaction in which legal issues are involved, he or she is serving as a legal representative for the company. He or she is consequently permitted to employ the confidentiality privilege.
Why attorney-client privilege matters
The confidentiality privilege between a lawyer and their client may not seem significant when your company hires a business law attorney to aid in business transactions, help close deals, and learn options for maximizing company assets. However, if a business dispute should happen to arise during or after a business transaction in which your lawyer was involved and he or she did not provide legal representation in his or her services, the information previously shared with the lawyer is not protected by this privilege and can be shared with the other entity involved in the business dispute.
If the other side in the dispute attempts to learn the strategies and interactions of your company through an attorney who is not entitled to attorney-client privilege, this lack of confidentiality can serve as a threat to your business. Under business law, certain aspects of your case are not protected by attorney-client privilege.
This articles is not meant to be legal advice.
The business world can be a competitive place where commercial and corporate entities use information about your own business against it to gain a competitive advantage. If you are having problems regarding business laws in Michigan, it is always a good idea to look for an experienced Michigan business law firm that have a thorough understanding of the law. You should choose a business law firm that knows what aspects of your communications are entitled to the confidentiality privilege and which are not, and can use this knowledge to your benefit in business transactions.
Is my lawyer overcharging me/charging excessive legal fees?
I’m currently involved in a civil dispute in state court, and I suspect that my attorney might be overcharging me for his legal services. Does anybody have any resources regarding typical lawyer fees? How can I confirm my suspicion? I have tried discussing with my attorney, but am always told that these fees are “routine.”
I was in a similar situation not too long ago. There are many websites which address the issue of attorney fees and acceptable usage, and I’d recommend a quick Google search to bring yourself up to speed.
Without knowing too much about the specifics of your case (subject matter, hourly rate, specific problems) it’s hard to tell whether your lawyer is being truthful or ethical. I’d certainly recommend thoroughly reviewing your retainer agreement. Also, look for any ethical violations. State bar associations and the American Bar Association have guidelines for acceptable billing.
Finally, if your lawyer refuses to discuss or reduce the fees, you have three options. First, you can discuss the allegations with another attorney. Be forewarned though, as this will likely cost additional money. If you’re not willing to engage in additional litigation, this isn’t the route for you. Second, you can hire an external auditor to help with the reduction. I mentioned before that I was recently in a similar situation. I worked with a place named accession consultants (not sure if they do work in your area), and they reviewed my invoices and coordinated a fee adjustment with my attorney. I only paid them a small percentage of the reduction they obtained, so no skin off my back. Finally, you can sever your relationship with the attorney and find alternate representation. This may be the best bet if any of the above prove unworkable.
Whatever happens, remember that most lawyers try to strictly adhere to legal and ethical standards. There is always a little sticker shock when you see your first invoice, but attorneys are expensive. Don’t mistake high cost for ethical abuse.
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