What Ethical Obligations Does Your Minnesota Injury Attorney Have?

Hiring an attorney to represent you is an essential step when pursuing compensation after an injury. However, choosing the right attorney can seem daunting. Most people aren’t used to working closely with legal professionals. What can you expect?

First off, there’s one thing you should always be able to count on—ethical behavior. In fact, the Minnesota Supreme Court has established official standards for how attorneys should conduct themselves: the Minnesota Rules of Professional Conduct.

To help clarify what you should expect during a personal injury case, let’s take a brief look at what ethical obligations your Minnesota attorney owes you.

1. Competence

The Minnesota Rules of Professional Conduct state that:

“A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.”

In short, Minnesota attorneys are ethically obligated to only take on cases they can handle. This doesn’t mean that they are guaranteed to win the case—only that they are reasonably equipped to try.

Before agreeing to represent you, your attorney should always be certain that they are well suited to the job. If not, they may refer you to a colleague, but they should never try to tackle a case outside of their expertise.

Most law firms provide a free consultation to help them decide if they’re up to the task.

2. Diligence

Your attorney isn’t just required to be competent to take on your case. They must also put that competence to good use. In the words of the Minnesota Rules of Professional Conduct:

“A lawyer shall act with reasonable diligence and promptness in representing a client.”

Your attorney isn’t allowed to slack off or phone in it. Once they’ve agreed to represent you, they’re obligated to give you the best help and advice they can. It’s their duty to use all reasonable means to pursue the maximum compensation available to you.

3. Honesty

Your attorney is also obligated to be honest when communicating with you. They should never knowingly mislead you about:

• Your rights
• The details of your case
• Your chances of winning
• Their own abilities and experience

…or anything else relating to your claim. You need to know that you can rely on honesty and transparency from your attorney at all times.

4. Confidentiality

One of the most important ethical obligations for Minnesota attorneys is confidentiality. Your attorney is not allowed to share information about you or your case with anyone except in rare circumstances.

This means that your attorney can’t discuss the details of your case with their buddies or spread any secrets around town. Anything you tell them stays confidential unless you give them permission to use it in your case. That way, you can open up and share what you have to without fear of it getting out.

There are certain exceptions to this rule, such as if an attorney reasonably believes that disclosing the information will prevent a serious crime or protect someone from injury. However, in most cases, that won’t be a concern.

You also have a right to expect total confidentiality from an attorney even if you never hire them. According to the Minnesota Rules of Professional Conduct:

“Even when no client-lawyer relationship ensues, a lawyer who has consulted with a prospective client shall not use or reveal information obtained in the consultation…”

5. Communication

You should expect your attorney to maintain open communication with you throughout your case. This includes:

• Keeping you updated about the status of your claim
• Discussing the strategy they’re using to help you win the compensation you need
• Answering any questions you may have
• Responding to any concerns you may have

The Minnesota Rules of Professional Conduct provides further clarity, stating that:

“…A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.”

6. Reasonable Fees

Minnesota attorneys are also barred from charging excessive fees for their services. Specifically:

“A lawyer shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses.”

Of course, the definitions of “reasonable” and “unreasonable” may seem subjective. The Minnesota Rules of Professional Conduct lists various factors that should be taken into account, including:

• The nature of the professional relationship between the attorney and you
• The experience, reputation, and ability of the attorney
• The time and labor the case requires
• The skills required to represent you properly
• Any time limits on the case that require the attorney to act in greater haste
• The fees usually charged for similar legal services
• Whether the fee is fixed or contingent

Using this information, you should be able to determine whether an attorney’s proposed fee is reasonable.

Do You Need a Minnesota Personal Injury Attorney?

If you’ve been injured, you may be entitled to compensation—and we can help you get it.

At SiebenCarey, we’ve spent decades helping injury victims get the financial support they need after an accident. Just contact us, and we can:

• Explain your rights to you
• Investigate the details of your injury
• Build a strong case on your behalf
• Help you win every dollar of compensation you’re owed

Click here for a free, no-obligation case evaluation.