Sometimes clients will come in and ask for a guarantee, or a promise, of a particular result in a DUI case. Usually, that is a promise of their DUI going away. While we have had many DUI cases dismissed in Orange County, it is unfortunately against the State Bar of California’s rules for lawyers to guarantee, or promise, an outcome that is not up to the lawyer. With a DUI, there is a judge, a prosecutor, and potentially a jury that affect the outcome. Can a DUI Attorney promise me the dismissal of a DUI case?Promising a DUI dismissal is not ethical, or legal.
The State Bar of California places five specific duties on the lawyer handling a DUI case, or any other type of matter. We discuss those here.
The first duty – An Attorney-Client Relationship
Attorney-client relationships are created entering into a fee agreement and paying the fee. A lawyer has to obtain enough information from the client to screen for conflicts of interest and ensure that the party they are talking or emailing with is the actual client.
The second duty – Duty of Confidentiality
This is probably the one you already know about, but lawyers are required to take all measures to keep confidential client information confidential. A lawyer cannot reveal any confidential information unless the client gives permission.
The third duty – the Duty of Competence
Basically put, the lawyer has to do the job. A lawyer has to associate in other attorneys that know that area of law well if the lawyer himself or herself doesn’t know what they are doing. In addition, the lawyer must supervise subordinate attorneys and staff who may be working on a client’s case to make sure there is compliance with this professional obligation of the lawyer.
The fourth duty – Duty of Communication
All lawyers in California have a duty to keep the client “reasonably informed about significant developments” and “to promptly respond to reasonable requests for information”. With postal mail, phone calls, email, and text messaging, it is easier than ever to communicate with attorney client confidential information. Our office also meets with clients via video-conferences or in-person meetings whenever the client likes, to make sure they understand what is being communicated about their case.
The fifth duty – Duty of Truth in Advertising and Marketing
To avoid claims of misleading or false statements lawyers must disclose relevant practice areas and jurisdictions where its lawyers are licensed to practice (CRPC 1-400 and corresponding State Bar Act provisions).
Can a DUI Attorney promise me a dismissal?
Contact us if you would like a no lies, honest, no BS assessment of your case and what is possible. We pride ourselves in honest, ethical representation for our DUI clients in Orange County.