Client Relations and Communications

• Author: Robert K. Gill/Mark G. Daniel
• Pages: 49-84

1-1

CHAPTER 1

Client Relations and

CommuniCations

I. General Points

§1:01 Disciplinary Rule Requirements

§1:02 Use Mail, Phone, and E-Mail

§1:03 The Client Makes the Decisions

II. Obtaining Client Information

§1:10 Explain Privilege and Rules of the Relationship

§1:11 Obtain a Client Information Worksheet

III. Fee Agreements

§1:20 Disciplinary Rule Requirements

§1:21 Clarify the Scope of the Representation

IV. Ongoing Communication

A. General Matters

§1:30 Disciplinary Rule Requirement

§1:31 Practice Defensively

§1:32 Confidentiality in Electronic Communications

B. Community Supervision Matters

§1:40 Keep Client Apprised of Status

§1:41 Advise Client of Requirements

§1:42 Inform Court Supervision Officers

C. Expunction and Non-Disclosure Services

§1:50 Inform Client of Filings

§1:51 Give Client Copy of Order

Texas Criminal Forms 1-2

V. Multiple Client Representation Communications

§1:60 Disciplinary Rule Requirement

§1:61 Joint Defense Agreements

VI. Withdrawing From Representation

§1:71 Disciplinary Rule Requirements

§1:72 Warning of Withdrawal for Non-Payment

VII. Forms

Form 1-1 Client Information Worksheet

Form 1-2 Professional Services Agreement

Form 1-3 Fee Agreement Letter (Flat Fee)

Form 1-3.1 Fee Agreement Letter (Flat Fee, Non-DWI Case)

Form 1-3.2 Fee Agreement Letter (Flat Fee, DWI Case, No ALR or Occupational License)

Form 1-3.3 Fee Agreement Letter (Flat Fee, DWI Case with ALR and Occupational License)

Form 1-4 Fee Agreement Letter (Stair-Step Fee for Trial Services)

Form 1-5 Fee Agreement Letter (Hourly Billing Format)

Form 1-6 Letter Declining Employment

Form 1-7 Letter Notifying Client of Appointment of Counsel

Form 1-8 Letter to Client Providing Copy of Administrative License Revocation Documents

Form 1-9 Letter to Client Providing Copy of Arrest or Search Warrant

Form 1-10 Letter Notifying Client of Court Appearance

Form 1-11 Letter Accompanying Defendant’s Application for Community Supervision

Form 1-12 Letter Advising Client of Case Dismissal

Form 1-13 Letter Advising Client of Case Dismissal and Right to Expunction

Form 1-14 Letter to Client Communicating Plea Offer

Form 1-15 Letter Updating Client Concerning Status of Case

Form 1-16 Receipt for Client Papers

Form 1-17.1 Confidentiality Note for Electronic Client Communications

Form 1-17.2 Tax Advice Disclaimer for Electronic Client Communications

Form 1-18 Letter to Client Accompanying Motion to Reduce or Terminate Community

Supervision Term

Form 1-19 Letter to Client Accompanying Motion to Amend Community Supervision Term to

Non-Reporting

Form 1-20 Letter to Community Supervision Officer Accompanying Motion to Reduce or

Terminate Community Supervision Term

Form 1-21 Letter to Community Supervision Officer Accompanying Copy of Motion to Amend

Community Supervision Term to Non-Reporting

Form 1-22 Letter to Client Accompanying Copy of Motion for Expunction of Criminal Records

Form 1-23 Letter to Client Accompanying Copy of Petition for Non-Disclosure of

Criminal Records

Form 1-24 Letter to Client Following Approval of Order Expunging Criminal Arrest Records

Form 1-25 Letter to Client Following Approval of Order of Non-Disclosure of Criminal

Arrest Records

Form 1-26 Waiver of Conflict of Interest

Form 1-27 Joint Defense Agreement

Form 1-28 Letter to Client Warning of Withdrawal in the Event Fee Obligations Are

Not Fulfilled

Form 1-29 Motion to Withdraw as Counsel of Record

1-3 ClienT relaTions and CommuniCaTions §1:20

I. GENERAL POINTS

§1:01 Disciplinary Rule

Requirements

The cornerstone of meaningful and productive

relations between a lawyer and the criminal law client

is effective communication.

A lawyer must keep a client reasonably informed

about the status of the matter and promptly comply

with reasonable requests for information. Tex. Discip.

R. Prof. Cond. 1.03. Also, the lawyer must explain a

matter to the extent reasonably necessary to permit

the client to make informed decisions regarding the

representation. Tex. Discip. R. Prof. Cond. 1.03.

The Texas Disciplinary Rules of Professional

Conduct are reprinted at Tex. Gov’t Code Title 2,

subtitle G, App. A.

§1:02 Use Mail, Phone, and E-Mail

Effective client communication can be accom-

plished through the prompt return of client telephone

calls, frequent written correspondence with the client,

frequent e-mail with the client, and by providing the

client copies of motions and documents that are per-

mitted to be furnished to the client.

Clearly, many criminal clients are incarcerated

in jail facilities and e-mail is not an option. In such

instance, regular correspondence by mail or the

acceptance of collect telephone calls is necessary to

apprise the client of the status of the matter in compli-

ance with Tex. Discip. R. Prof. Cond. 1.03.

Whether or not e-mail is an available means

of communication, the form letters provided in

this chapter can assist the lawyer in complying

with the responsibility to effectively communi-

cate with the client.

§1:03 The Client Makes the

Decisions

The Texas Disciplinary Rules of Professional

Conduct outlines lawyer responsibilities in connec-

tion with a client’s decisions and wishes.

A lawyer must abide by a client’s decision con-

cerning the objectives and general methods of repre-

sentation and whether an offer of settlement of a matter

should be undertaken. Tex. Discip. R. Prof. Cond. 1.02.

Specifically, in a criminal case, the client is the

only party that can decide (1) the plea to be entered, (2)

whether to waive a jury trial and (3) whether the client

will testify. Tex. Discip. R. Prof. Cond. 1.02(a)(3).

Explain these matters to the client at the initial

client conference. You may also want to include such

information in a fee agreement or fee letter.

[§§1:04-1:09 Reserved]

II. OBTAINING CLIENT

INFORMATION

§1:10 Explain Privilege and Rules

of the Relationship

During the initial client interview, counsel should

fully explain to the client that all communications

between the Defendant and counsel are protected by the

attorney-client privilege. Counsel should also explain

the general rules governing the legal profession, and

counsel’s individual practices and procedures.

§1:11 Obtain a Client Information

Worksheet

A client information worksheet should be com-

pleted either by the client prior to the initial interview

or by the lawyer during the initial interview.

In any matter that might proceed to trial, consider

having the client write out a biographical sketch. The

biographical information should include the back-

ground information contained on the client informa-

tion worksheet; and should also contain the client’s

aspirations, honors, shortcomings and difficulties in

life. This information will prove valuable in formulat-

ing direct examination questions, as well as opening

and closing statements for trial.

FORM: See the following at the end of this

chapter:

• Form 1-1 Client Information Worksheet.

[§§1:12-1:19 Reserved]

III. FEE AGREEMENTS

§1:20 Disciplinary Rule

Requirements

A lawyer shall not enter into a fee arrangement

wherein the lawyer charges or collects an illegal or

unconscionable fee. Tex. Discip. R. Prof. Cond. 1.04.

A fee is considered unconscionable if a competent

lawyer could not form a reasonable belief that the fee