Generally, when you need a lawyer, it is because you find yourself in a problematic and/or conflictual situation. In order to obtain the help and legal advice you need to resolve this situation, you will have to talk about sensitive subjects and expose details of your life that you would rather forget, you will have to “put everything on the table.” That is why the relationship between lawyer and client must be based on mutual trust.

1. The role and obligations of a lawyer

A lawyer is a representative of the law responsible for advising, guiding and representing the interests of its clients. In the course of their work, they are subject to several obligations, particularly those set out in the Code of Professional Conduct of Lawyers. Here are some of the most important: 

1.1 Duty of confidentiality:

They must ensure that professional secrecy is preserved. Consequently, they must ensure the confidentiality of all information relating to their clients’ affairs and activities that come to their knowledge in the course of their work. This duty continues after the end of the mandate, and even after the death of the client. Professional secrecy is absolute and of public order, subject to certain truly exceptional circumstances. No authority can force a lawyer to testify or communicate information protected by professional secrecy.

1.2 Duty to avoid conflicts of interest:

A lawyer has a duty to avoid any situation involving a conflict of interest. This obligation derives from the duty of loyalty and confidentiality. In the course of their work, they must not allow themselves to be distracted or influenced by outside considerations.

Art. 72 Code of Professional Conduct for Lawyers: “A conflict of interest exists when there is a serious risk that the lawyer’s personal interest or his duties towards another client, a former client or a third party may interfere with his duties towards the client…”

1.3 Duty of competence:

A lawyer must act with competence, honour, dignity, integrity, respect and moderation. Before accepting or continuing a mandate, the lawyer is obliged to consider the limits of their competence and knowledge. If they consider that their lack of experience or knowledge jeopardizes the quality of their services or the adequate protection of their client’s interests, they must inform their client.

2. Choosing a lawyer

The lawyer’s expertise and competence in law for which you are seeking advice are the first criteria to be considered, before fees, location and even recommendations from friends and family.

The second criterion is the personality. In order to develop the bond of trust essential to this professional relationship, the quality of human relations is important.

Another criterion to consider is availability. Even though a lawyer can be overwhelmed by work, they must be available for their clients. They must respond to the requests and emergencies within a reasonable time. What is more, a lawyer should not accept a mandate if he or she does not have sufficient time and resources to carry it out properly and bring it to a successful conclusion.

A word of clarification: every client considers his or her case to be urgent, but this personal urgency is not necessarily a legal one. So, when you contact a lawyer, it is important to mention why you feel your case is urgent. The lawyer will then schedule an appointment within the appropriate timeframe and, if necessary, take the necessary preliminary steps to preserve your rights until the appointment.

3. The first meeting

When you are looking for a lawyer to represent you, it is not easy to develop a bond of trust over a simple e-mail or short telephone call, for both you and the lawyer. That is why the first meeting is so important.

It gives you the opportunity to provide the lawyer with all the relevant documents and information, and to address any questions you may have. The aim of the meeting is to determine your rights and obligations, your chances of success and the strategy for the case.

Do not be surprised if the lawyer asks you several questions, sometimes about things you may not consider important, but which in law can make a difference. The lawyer must also ensure that he or she is not in a conflict of interest.

You know the facts, the places, the details, the people involved in your case, but the lawyer does not. They need to understand, be able to situate themselves properly and make the appropriate connections, all by taking notes. They may therefore ask you to repeat yourself and ask for additional documents or information before they can give you their opinion.

Most people are stressed when they meet a lawyer for the first time, but you should know that they are used to it. If necessary, they will guide you and get what they need, even if you forget elements of your story.

It is also important to know that in law, a simple detail in a sequence of events can completely change the legal opinion from white to black or get lost in several shades of grey. Consequently, do not be surprised if the lawyer refuses to answer general legal questions without obtaining the required facts and documents.

It is also during this first meeting that you and your lawyer will agree on the terms and conditions of billing and payment of your lawyer’s fees. It is advisable to draw up a duly signed written fee agreement to avoid any subsequent disputes over the lawyer’s remuneration.

At the end of the meeting, you can decide whether to entrust the lawyer with a mandate, or you can take your time to think about it and confirm your decision later. In any case, everything you say will remain confidential.

4. The mandate

Throughout their mandate, the lawyer makes sure to look after your best interests. Their professional background enables them to determine your rights and obligations, and their objectivity enables them to properly advise you on strategy and decision-making. It is often difficult to make decisions, or rather to make the right decisions, when you are directly and emotionally involved in a conflict, not to mention the financial aspect.

It is possible that, on occasion, your lawyer will tell you truths you do not want to hear and/or advise you on decisions you do not want to make. You must respect their honesty and transparency towards you. It would be easier for them to tell you what you want to hear and act on your wishes, but would that really be in your best interest? Not to mention that it would be contrary to their Code of conduct.

During a mandate, it may happen that the lawyer’s opinion and that of the client become incompatible or irreconcilable, or that the bond of trust deteriorates or is broken, in which case they are free to break the contract that binds them, at any time.

Conclusion

Do not hesitate to invest the time and money required for an initial meeting with a lawyer. It does not oblige you to entrust him or her with a mandate later, and the advice you obtain may prevent you from getting into trouble, get you out of a contentious situation, or simply reassure you so that you can sleep soundly at night.