Ethical Considerations in Auto Accident Law
September 1, 2024Attorneys are expected to act morally and ethically in a given situation, maintaining the highest level of integrity and professionalism. To practice law in any discipline, it is important that a lawyer understands acceptable conduct and the type of behavior that must be avoided. An attorney who does not maintain the highest level of integrity will be subject to disciplinary action.
In this article, we discuss the ethical standards that our Santa Barbara car accident lawyers must follow in representing injury victims.
Competence
Attorneys are required to provide competent representation to clients or decline the case if they feel that they do not have the necessary experience. Legal competence involves legal knowledge, skill, thoroughness, and preparation. Let us examine these in more detail:
- Legal knowledge: An attorney must be intimately familiar with any relevant auto accident laws, filing an insurance claim, and the legal procedures if you choose to take your case to court.
- Legal skill: Some aspects of your case may require an attorney to research the law. When hiring a car accident lawyer, it is important to find someone who is an avid researcher. Additionally, attorneys must be clear and concise writers since an auto accident claim will require the attorney to draft various prose, including a demand letter to submit to insurance.
- Legal thoroughness and preparation: An attorney must take the necessary steps to suitably represent a client. It is an auto accident lawyer’s responsibility to pay careful attention when reviewing the facts of a case and completing court forms. Lack of attention can result in missing deadlines. For example, failure to properly calendar the statute of limitations is a serious error, but if the attorney has no calendar system at all, this may be considered gross negligence.
Diligence
Diligence in the law is defined as the “attention and care legally expected or required of a person.” A lawyer is expected to act with promptness in handling any matter, avoiding any unreasonable delays in moving a case along.
In auto accident cases, a car accident lawyer is expected to submit all requested documentation and information to the insurance company by the specified deadline. If an insurance adjuster needs more information, he or she may request additional supporting documentation. Any unreasonable delays on the part of the attorney can cause the client unnecessary distress.
Confidentiality
According to Rule 1.6 of the Model Rules of Professional Conduct published by the American Bar Association, a lawyer shall not disclose information related to a client without the person’s informed consent. However, there are exceptions that permit an attorney to disclose an individual’s private information, but these are only permitted in extenuating circumstances.
Truthfulness
Attorneys in California are obligated to provide honest information to their clients, judges, and other parties. Under Rule 8.4 of California’s Rules of Professional Conduct, an attorney may be disciplined for any conduct involving moral turpitude, dishonesty, or corruption.
Conflicts of Interest
An attorney is not permitted to represent a client if the representation would be detrimental to another client in the same matter. The State Bar of California specifies that a lawyer cannot represent a client affected by a conflict of interest without written consent in situations in which the attorney representing the client will have a significant impact on another client.
Fees
Under California law, fee agreements must be in writing when your attorney anticipates the fees and costs of your case will be $1,000 or more. Although it is at a lawyer’s discretion to determine a fee schedule, auto accident attorneys typically charge based on a contingency fee basis. A contingency fee means that your attorney will receive a certain percentage of your award amount or settlement.
Contact a Santa Barbara Car Accident Lawyer Today
Acquiring dependable counsel is no simple task, but one that can make all the difference between winning and losing your case. If you have been injured in an auto accident, do not hesitate to contact our Santa Barbara car accident lawyers. To arrange your complimentary case evaluation, contact us by phone or by completing our online contact form.