What should I agree with my lawyer when we first meet?

Ask the lawyer to confirm your instructions either orally or in a letter setting out the details of your agreement. This should cover the following issues:

• Lawyer’s fees: as stated above, it is important that you come to an agreement on fees. Other legal costs should also be discussed (court fees etc). Keep a written record of this.
• The extent of the legal representation: you should make clear whether the lawyer will represent you in all legal proceedings, up to and including trial. Also ask about appeals and other post-trial proceedings (such as prison transfers, pardon application, bail applications etc.).
• Who will do the work: Ask your lawyer to make clear who will do the work (will s/he do it, another qualified lawyer, a paralegal?).If your lawyer is unavailable to attend a particular hearing, will s/he send a colleague to do so?
• How will you work together: Decide which decisions the lawyer can make alone and which require your approval. Decide how regularly the lawyer will communicate about your case. Your lawyer should keep you regularly updated on the developments in your case. You must also keep him/her updated on any significant developments in the case from your side. If you cannot communicate directly, agree on a family member or friend who will act as contact point. Bear in mind however that any time your lawyer spends dealing with you (communicating with you, reading correspondence, speaking on the phone) may be added to your legal fees, so try to be clear and organised in what you say, and avoid unnecessary repetition.
• How will s/he accept instructions: Ask your lawyer if s/he requires you to sign a Power of Attorney. You should also clarify with your lawyer what s/he can do without your authority and what you do not want him/her to do without your prior authorisation.
• Sharing of Information: Ask your lawyer to share information on your case with Fair Trials International and other specified supporters. Ask him/her if s/he will require you to sign an authorisation form before s/he can share information with others.
• Confidentiality: Information you share with your lawyer should be confidential. However, before you share sensitive information confirm this with your lawyer. Ask him/her whether s/he can ever be obliged to reveal all the information you give him/her to the prosecution, the court or anyone else.

This is not a substitute for legal advice and, because every case is different and legal systems around the world vary so much, we cannot guarantee that the answers will be applicable to your own case. For advice about your own situation, you should talk to a lawyer qualified in the jurisdiction where you are being prosecuted.

The information contained in this document is provided for information purposes only and is not intended as legal advice, nor does it constitute legal advice. Whilst we endeavour to keep the information up to date and correct, Fair Trials International makes no representations or warranties of any kind, express or implied about the completeness, accuracy, reliability, suitability or applicability to individual cases of the information contained in this leaflet. Any reliance you place on such material is therefore strictly at your own risk. Fair Trials International disclaims any liability to the fullest extent permissible by law for any loss or damage of any kind arising from the use of the information provided.

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