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A retainer fee is an initial sum of money that an attorney will request once an engagement letter and fee agreement is signed. The retainer fee varies based on the type and complexity of a case and an attorney will bill against the initial retainer fee. Once the retainer fee is exhausted, the attorney will either bill hourly for their work or the attorney will require the client to replenish the retainer to continue working on a case or client matter. If a retainer fee is not completely used, the remaining monies can be refunded to the client after payment of all monies that are owed for the attorney’s legal services and work.

Attorney’s fees are the fees charged for the legal services and work provided to a client by an attorney during the course of a case or legal matter. A client is responsible for paying for attorney’s fees. In certain circumstances, attorney fees may be recouped by a prevailing party via a written contract, or if allowed by applicable statute.

An engagement letter and fee agreement is a binding contract between a client and a law firm. The engagement letter and fee agreement will outline the law firm’s and its attorneys’ scope of representation of a given client for a case or legal matter, and it will include the amount of the required retainer fee and the law firm’s attorneys’ and staff members’ hourly rates of compensation.

A pro se litigant is an individual who elects to represent himself/herself in either a criminal or civil case. Pro se litigants must comply with all rules of procedure, statutes, and court orders, just as an attorney would.

When a person is served with a summons and complaint or a petition or a motion in a civil action, the person should immediately retain an experienced attorney that practices in the area of law applicable to the civil action.

If you are a plaintiff in a civil action, the prospective client should bring:

• names of parties believed to be involved
• contact information of parties involved such as complete addresses, phone numbers, and email addresses
• all documents, records, photos, and/or video and audio recordings regarding the matter
• timeline of events

If you are defendant in a civil action or a criminal case, the prospective client should bring:

• a summons or complaint received (referred to as a uniform summons and complaint in a criminal case commonly referred to as a “ticket”)
• names of parties believed to be involved
• contact information of parties involved such as complete addresses, phone numbers, and email addresses
• all documents, records, photos, or video and audio recordings regarding the matter
• timeline of events

A contingency fee is commonly used in personal injury cases. An attorney will be paid when a settlement is reached or a judgment is obtained in a case. The attorney will typically take a third (or 33.3%) of the settlement or judgment for the attorney’s work on the case.

Costs are expenses associated with both civil and criminal cases. A client is responsible for paying for all costs incurred in a case or legal matter. Costs include, but are not limited to, court filing and service fees, expert witness fees, mediator/arbiter fees, service of process fees, and photocopy and postage fees. In certain circumstances, costs may be recouped by a prevailing party via a written contract, or if allowed by applicable statute.

Attorney client privilege is the duty of an attorney to maintain confidentiality of information related to the representation of a client and it applies to both civil and criminal cases. An attorney shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation, or the disclosure is permitted by other circumstances.

The other circumstances that may exist in which a lawyer may reveal information relating to the representation of a client and to the extent the lawyer reasonably believes necessary are as follows:

• to prevent reasonably certain death or substantial bodily harm;
• to reveal the client’s intention to commit a crime and the information necessary to prevent the crime;
• to prevent the client from committing a fraud that is reasonably certain to result in substantial injury to the financial interests or property of another and in furtherance of which the client has used or is using the lawyer's services;
• to prevent, mitigate or rectify substantial injury to the financial interests or property of another that is reasonably certain to result or has resulted from the client’s commission of a crime or fraud in furtherance of which the client has used the lawyer’s services;
• to secure legal advice about the lawyer’s compliance with these Rules, other law or a court order;
• to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, to establish a defense to a criminal charge or civil claim against the lawyer based upon conduct in which the client was involved, or to respond to allegations in any proceeding concerning the lawyer's representation of the client;
• to detect and resolve conflicts of interest arising from the lawyer's change of employment or from changes in the composition or ownership of a firm, but only if the revealed information is not protected by the attorney-client privilege and its revelation is not reasonably likely to otherwise materially prejudice the client; or
• to comply with other law or a court order.

A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client.

Service of process is the method by which a party involved in a lawsuit formally deliver papers (e.g., complaint, answer, petitions, motions) to the other party or parties and to the court.

If a person is arrested, it is their constitutional right to remain silent.Therefore, the person should remain silent. Under no circumstances should a person answer any questions from law enforcement regardless of how they treat that individual. Once a person has properly identified themselves to law enforcement, the person should not answer any questions. Law enforcement may appear nice and accommodating or they may try to intimidate a person to encourage a person to talk; however, it is a person’s constitutional right to remain silent. A person should at the first opportunity use a phone call to contact a criminal defense attorney or to contact a family member that can do this on the person’s behalf. Do not speak to law enforcement about an alleged incident without your attorney present.