Meeting with a lawyer for an initial consultation is generally not a chance to ask legal questions that are in depth, but is instead an opportunity to get a sense as to whether this lawyer is the right one to handle your case. Use this meeting to help you decide which lawyer will be the best one for your case.
If you recognize some or all of these issues in your relationship with your lawyer, it is probably time to make your concerns known. It can be hard to know whether the problem is with your attorney or something bigger, such as a bogged down court system or uncooperative third parties.
In matters of civil law, you generally have the right to replace your attorney whenever you want to, for whatever reason. In criminal matters, you can also replace your defense attorney, though that ability might be subject to court approval in certain circumstances.
It might be time to have a serious conversation with your attorney; or consider switching attorneys entirely. Unless absolutely necessary, don’t fire one lawyer before you have identified the next one you plan to hire.
Scott Aalsberg Esq. A: The lawyer should be responsive to your questions within 24-48 hours after you left a message. If the lawyer is not responsive, perhaps he or she is on vacation and unable to return.
There is no specific time period for a follow-up with your attorney, but thirty (30) days would be reasonable. I normally follow up with my clients every thirty (30) days, anyway, just to make sure they are kept up-to-date.
A legal consultation is a chance for prospective clients with legal needs to meet with (in-person, over the phone, or through video chat) and discuss their legal needs with the attorney. This is where you discuss the relevant information regarding the type of legal assistance you need representation for.
There is no set formula for how often you will hear from your attorney. However, the key to a successful attorney client relationship is communication. Whenever there is an important occurrence in your case you will be contacted or notified.
Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.
It describes the sources and broad definitions of lawyers' four responsibilities: duties to clients and stakeholders; duties to the legal system; duties to one's own institution; and duties to the broader society.
Since this is such a common problem, I compiled some tips to make your next attorney consultation more productive:Go with a Goal. ... Be Prepared. ... The Devil is in the Details. ... Conduct a Background Check. ... Consultation Fee Avoidance. ... Just the Facts. ... Ask Questions. ... Have Patience.
An initial consultation is the first time that you are able to speak one-on-one with an attorney. Both you and the attorney have a chance here to learn about each other. The lawyer will learn about the details of your case while you learn about the lawyer and the firm.
Consultation definition A meeting to discuss, decide, or plan something, as a meeting of several doctors to discuss the diagnosis and treatment of a patient. The act or process of consulting. A conference for the exchange of information and advice.
Signs of a Bad LawyerBad Communicators. Communication is normal to have questions about your case. ... Not Upfront and Honest About Billing. Your attorney needs to make money, and billing for their services is how they earn a living. ... Not Confident. ... Unprofessional. ... Not Empathetic or Compassionate to Your Needs. ... Disrespectful.
In California, the Rules of Professional Conduct govern a lawyer's ethical duties. The law prohibits lawyers from engaging in dishonesty.
It's almost always advisable to tell your lawyer the whole truth about your case, even if you've committed a crime. Giving your lawyer all the facts helps them craft the best defense by raising reasonable doubt. Even when a client admits guilt, there are usually many mitigating circumstances that can come into play.
Most lawyers offer a free consultation so that you have a chance to determine if he or she is the right person for you. Going to the first meeting with some simple questions can help you ensure you find the right person for the legal help you need. You will not get much legal advice at this consult since it is not meant to resolve your legal ...
An important question to ask a lawyer is what the strategy for your case will be and the outcome the lawyer expects. You’ll want to get details on what kind of procedures to expect. Ask how long it will take for the entire case to be resolved. Discuss the legal strategies that will be used. Find out if your attorney will attempt to settle and if mediation or arbitration are options. Think about the answers and if you are comfortable with them. Maybe you want to avoid a trial at all costs but your attorney really wants to just go to trial, or perhaps you have no intention of settling and want your day in court. It is important that your lawyer’s strategy lines up with your needs.
Meeting with a lawyer for an initial consultation is generally not a chance to ask legal questions that are in depth, but is instead an opportunity to get a sense as to whether this lawyer is the right one to handle your case. Use this meeting to help you decide which lawyer will be the best one for your case.
Meeting with a small business attorney is an important way to get your business off to a good start and minimize future risks. Here are questions to ask at your first meeting.
It is generally not very helpful to ask where the attorney went to law school since you can find this information online and it often tells you nothing useful anyhow. Focus instead on experience with your type of case. You can also ask the average verdict the lawyer has obtained in your type of case.
The purpose of a free consultation is not to obtain specific legal advice in the consultation, but rather to allow you to determine whether you would like to hire the attorney and to allow the attorney to determine whether he or she can help you achieve your legal goals.
The key to understanding the difference, is that generally attorneys will not give legal advice without being first hired by the client. Attorneys don’t give legal advice without first being retained ...
Many attorneys offer both free consultations and paid consultations, depending on what you are trying to accomplish. The key to understanding the difference, is that generally attorneys will not give legal advice without being first hired by the client.
How to Know When it's Time to Change Lawyers. It usually begins with a lack of communication. Your calls go unanswered and you hear nothing about your case for weeks or months. Maybe you get the sense that the lawyer's files are in disarray, or that he or she doesn’t remember the details of your matter from one meeting to the next.
If you still think the relationship is unsalvageable, it might be time to terminate the engagement and switch to a new attorney. However, there are a few issues to keep in mind:
You hopefully ran your attorney's name through the website of your state's bar association before hiring him or her, but now might be a good time to do so again. Even if your attorney is in good standing now, any past suspensions or other disciplinary actions for issues like substance abuse or misuse of client funds should give you pause.
However, there are a few issues to keep in mind: Unless absolutely necessary, don’t fire one lawyer before you have identified the next one you plan to hire. If your case has already begun, the judge may not let your old lawyer leave the case until a new lawyer replaces him or her. Seek referrals for your next lawyer.
All attorneys meet with prospective clients in what is called an initial consultation. This is a first meeting between you and the lawyer to help you both decide whether you want to work together in an attorney-client relationship. At this point, you are both checking each other out, and getting information and advice that can help you with your case regardless of whether you hire that lawyer or any other one.
Remember, the attorney will keep this information confidential, unless required to share it with a court because it is relevant to the legal matter or with law enforcement for a public-safety reason. You may think the information is too trivial or embarrassing to mention, but it may well be extremely important, so share it.
Make a set of copies of everything that you plan to share with the lawyer. Give the lawyer the copies at the beginning of the initial consultation. Prudent attorneys do not accept original documents, and you do not want to waste precious time or money waiting while the attorney makes copies. So fax the documents to the law office before the meeting.
Even if you have no court papers yet, you may have on hand or could readily obtain documents that could be helpful.
It is usually in your best interest to meet with the attorney alone, even if the other person is paying for the appointment. Your friend (s) or loved one (s) can wait in the lobby. To avoid interruptions, be sure to turn off all cell phones or other electronic devices just before your appointment.
First and foremost, your initial consultation with an attorney is the time when you first meet that person face to face. While you can do an awful lot of research about a lawyer online, nothing is as important as the meeting you’ll have with them for the first time.
Your consultation is also a time for you to lay out the basics of what you need from the lawyer. If you are discussing setting up a business, for example, you’ll talk about the type of business you are setting up, any history you have in that field, and what you’re looking for from an attorney.
One of the most important things you’ll get during a consultation is a frank assessment of what should happen next. In some cases, the consultation will be the time when a lawyer will tell you that your needs are outside of their area of expertise and when they might refer you to someone else.
Choosing a lawyer is a crucial step in the resolution of your legal matter. Whether you are a plaintiff or a defendant, or merely a party looking for counsel, the right lawyer is key. But like all relationships, the lawyer-client relationship does not always last forever. Common problems that clients report with attorneys include: 1 Poor results. The lawyer is simply not achieving the results you were led to believe he or she could achieve. 2 Bad communication. The lawyer is not communicating about crucial legal matters and decisions, leaving you uncertain of where your matter is or what's expected of you. 3 Lack of professionalism. The lawyer perhaps arrives late to meetings, doesn't remember key facts about the case, cannot find documents already provided by the client, and even forgets to submit documents by key deadlines.
Choosing a lawyer is a crucial step in the resolution of your legal matter. Whether you are a plaintiff or a defendant, or merely a party looking for counsel, the right lawyer is key. But like all relationships, the lawyer-client relationship does not always last forever.
Judges in particular might become annoyed at a client who is "lawyer shopping," because this delays the matter and clogs their dockets. It also suggests that you are a difficult client, or that your claims are not meritorious.
Bad communication. The lawyer is not communicating about crucial legal matters and decisions, leaving you uncertain of where your matter is or what's expected of you. Lack of professionalism.
. . . like all relationships, the lawyer-client relationship does not always last forever.
One important thing to realize is that, even though you hired the services of a professional, you are still ultimately responsible for your own legal affairs, and for what your lawyer says and does on your behalf. If you believe there is a problem with the service you are receiving, it may be vital to your interests to do something about it.
Failure to collect a large legal fee can endanger the lawyer’s standing in his firm and within the larger legal or client community. Fee collection claims often lead to ethical complaints, and counterclaims for malpractice, fraud, breach of fiduciary duty, or breach of contract.
If your lawyer is unwilling to discuss the bills, you should put your concerns in writing, and consider ending the relationship.
Lawyers will often refer to agreements they have with clients, typically drafted by the lawyer at the beginning of the engagement, as evidence that a client agreed to certain payment terms. For example, there may be agreement as to hourly rates, staffing, or contemplated courses of action.
Despite this, lawyers often tell their clients they are entitled to a “bonus” over the agreed-upon fee because the matter has become more difficult than expected or because of an unexpectedly favorable result. It is common for such a lawyer to “negotiate” the increased fee in the middle of an engagement.
If the ethical transgression is slight or not related to the fees charged to the client, courts are less likely to order a forfeiture of fees. Where the transgression is serious and has a closer nexus to the fees, partial or total forfeiture is likely.
If the representation is over, you may feel compelled to pay outstanding bills, even if they are outrageous, since your lawyer is the last person you want as an adversary in litigation. You recognize that your lawyer possesses superior knowledge about the legal system that will determine any billing dispute.
Where money has been advanced in anticipation of future services, the lawyer is usually required to keep the money in a client trust account. The trust account money is considered property of the client in most jurisdictions. The lawyer has a right to withdraw the money after the fees are “earned” by the lawyer.