Legal information on American civil law

CWC LAW Civil Wrongs Commentary

Topic

Guides to working with lawyers

Fees and confidentiality, before and during representation.

Two questions come up before most people hire a lawyer: how the money works, and what stays private. These guides cover retainers and other fee arrangements, and what attorney-client privilege protects.

Fee rules and privilege exceptions differ by state, and your written agreement with a lawyer matters.

The guides

Lawyer retainer fees: questions to ask before paying

“Retainer” covers a few different arrangements. Knowing which one you are signing tells you how the money is held, when it is earned, and what comes back.

General principles, with The Florida Bar’s consumer guidance as the labeled state example and the ABA Model Rules of Professional Conduct, which each state adapts, for contingency fees and refunds. Fee rules and dispute programs differ by state.

Attorney-client privilege: what it protects

Privilege protects confidential communications made to get or give legal advice — not every conversation, email, or document that happens to involve a lawyer.

General principles, with California Evidence Code section 952 and Texas Rule of Evidence 503 as labeled state examples and the Federal Rules of Evidence and Civil Procedure for federal court. Privilege rules and exceptions differ by state. The guide does not cover criminal cases or lawyers’ ethics rules.