how to have your lawyer be proactive in a lawsuit

If your lawyer doesn't seem to be working on your case, sending a polite but firm letter laying out your concerns should get your lawyer's attention. Don't threaten to file a malpractice lawsuit or complain to the bar association; such threats will probably make your lawyer angry and defensive, not attentive.

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What does it mean to be a proactive lawyer?

 · Working with the knowledge above, together with data points like risk, priority of contracts or other legal work, you have the opportunity to become an incredibly proactive legal function. Leveraging the power of your internal capabilities also leads your team to …

What should I do if my lawyer appears to have acted improperly?

 · Law Technology Now host Dan Linna talks to Helena Haapio and George Siedel about how proactive law’s principles help lawyers practice both preventive and promotive law. They outline how this future-oriented approach uses legal knowledge to create value, strengthen relationships, and manage risks. To help listeners better understand, Helena ...

What do lawyers need to be successful?

A good lawyer has a trove of experience, having watched companies complete deals, weather disputes, negotiate intellectual property contracts, file …

How should a lawyer act in private life?

I. Configure the Entire Legal Function to be Proactive. The successful general counsel has a vision for the legal role that is consistent with the company's overall goals, including the company's approach to growth and the company's tolerance or avoidance of certain risks. One visionary general counsel talks of "developing corporate resiliency ...

What is proactive general counsel?

The proactive general counsel prepares (in concept or by drafting specific language) various exceptions to expected covenants even before the company enters into discussions with potential lenders. Depending on the dynamics with the lenders, the proactive general counsel might put into the term sheet acceptable covenants ...

How does reactive general counsel learn about new rules?

The reactive general counsel learns about these new rules through an external source (such as newspapers, conference presentations or law firm alerts) and then asks external legal counsel to advise the company about the applicability of the new rules. If the rules are in a traditional area where the business is regulated ...

How to implement a vision?

To implement a vision or to achieve specific results, the legal function must be shaped to be effective within the particular company. To whom the lawyers report, the number and expertise of the lawyers, the physical location of the lawyers in various jurisdictions and the location of lawyers within various business units should all be determined by looking at the realities of the company (its business and the way it functions). This goes back to "seeing the big picture" and "connecting the dots." Where is a particular legal issue or opportunity likely to be noticed? Where is it most important? How can the lawyers be most effectively placed to implement actions and to pursue the general counsel's vision for the benefit of the company? These types of questions (asked periodically) determine how best to organize the legal function in a proactive way.

What does a general counsel seek out?

that the general counsel seek out a broad understanding of the company and its activities, both as they exist today and as they may exist in the future, and a broad understanding of the legal environment, again both as it exists now and as it may exist in the future,

What is alerting a company?

Be alert for indications that new types of claims, complaints or restrictions are being encountered or may be encountered by the company. These might be revealed by messages on an employee hotline, by customer complaints, by blog or twitter comments about the company, by communications from regulators, by discussions with suppliers or other contract counterparties or from other sources.

Should external legal counsel charge for meetings?

Your external legal counsel should generally not charge for these meetings, which should be a part of client relations. - Agendas for these meetings should be established jointly by in-house and external legal counsel. - Ask external legal counsel to be creative. Challenge them.

Is Jones Day legal advice?

Jones Day publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of the Firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please use our "Contact Us" form, which can be found on our web site at www.jonesday.com. The mailing of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship. The views set forth herein are the personal views of the author and do not necessarily reflect those of the Firm.

Why are lawyers so reasonable?

They’re Reasonable – Great lawyers appeal to reason. They use solid arguments, based on fact, logic and common sense. They deliver only true and accurate statements, and they’re fair and objective in the way they deliver them. They’re cooperative, they object only when there’s a good reason, and they’re willing to concede on meaningless, minor details when they’re true. Over the course of a trial, this earns the respect of the audience and gives them more reason to believe, trust, and stand behind the lawyer when it comes time for a decision.

How do lawyers convince their audience?

They Know their Audience – In order to truly convince someone, you have to be able to see the situation from their perspective. This is something lawyers do expertly. They’re able to get into the mind of their audience (be it a judge or a panel of jurors) and understand their thoughts, their feelings and their hesitations. Then, they can tell audience members exactly what they want to hear.

Why do lawyers anticipate objections?

They Anticipate Likely Objections – Anticipation is key when it comes to the courtroom. Convincing lawyers are able to anticipate the objections and questions judges and jurors may have about their case and address them head on, before the audience even has time to realize it. This gives the illusion of a more iron-clad case, as audience members are left with no lingering curiosities or unanswered questions.

Why do lawyers get paid?

Lawyers are paid to convince others. Whether they are convincing a judge that a defendant is guilty or they are defending their own client’s position, one thing is for certain: they must be persuasive. In fact, a lawyer’s success is directly correlated to their ability to convince.

What do lawyers do?

They don’t just talk about the facts; they present them. They give their audience visible, tangible proof that the case is as they say it is by providing concrete evidence, clothing, pictures of the crime scene or the victim, documents etc.

How do lawyers use story telling?

They Use Storytelling – Lawyers tell a story that paints a picture; taking the audience from beginning to end, and make them feel as if they were actually present at the time of the crime. They choose their words carefully, keeping judges and jurors enthralled with strong adjectives and verbs, and they finish off with an emotionally-appealing, dramatic ending.

Why do lawyers need to be constantly availing themselves?

Whether we are reading books or articles, listening to podcasts or the radio, lawyers need to be consistently availing themselves to new ideas, business strategies, marketing tactics or just sources of inspiration. These can either come in short form or long. With constant inputs, lawyer can continually improve themselves and their practices and expand their horizons.

How to become a lawyer as a young lawyer?

For young lawyers, you have to develop good knowledge of your practice area (s), which often takes time to learn beyond the hours that are billable to clients. Then you need to implement systems that will help you stay organized, manage your caseload and communicate regularly with clients.

How many minutes does Richter give lawyers?

Lawyers are notoriously busy folks, but Jeremy W. Richter wants them to give him five minutes of their day to become better at what they do.

Why is it important to make an early evaluation of liability and potential damages?

Make an early evaluation of liability and potential damages – This is key throughout because your client is attempting to evaluate risk and set reserves.

What should lawyers read?

I recommend that lawyers read broadly in whatever interests them. Read for pleasure, but also be analytical as to what makes for enjoyable and consumable writing. The same components that make for good fiction and non-fiction also make for good legal writing.

How to make sure you get paid for a personal injury case?

A personal injury attorney needs to make sure her firm’s name is on the settlement check along with the client, because if it goes into the client’s bank account first, the lawyer is never going to see her share of the money. For firms with individual and small business clients, get a retainer up front, because if you are only billing your clients after the work is done, you are going to end up doing a lot of work for free. For those who have an insurance defense practice like mine, the client gives you billing guidelines with which you have to be compliant; a failure to comply with the structure you’re given will result in you not getting paid, regardless of the quality of the work-product.

Is the legal profession a wellness problem?

The legal profession has a well-documented problem with wellness. What’s your advice for how to deal with the stress and anxiety of being a lawyer?

How to deal with a difficult lawyer?

Here are some practical tips for dealing with a difficult lawyer: 1) Be Prepared – As the boy scouts say, “Always be prepared.”. More often than not, the difficult lawyer is trying to distract you from effectively representing your client. No matter what that lawyer does, focus on your client, the facts, and the law.

What is an obstructionist lawyer?

2) The Obstructionist – This lawyer is negative and uncooperative about everything. No matter what you suggest to resolve the case or to even make the trial of the case easier for everyone, this lawyer will disagree. As much as this lawyer disagrees, he or she has no alternate solutions of their own. Phone calls and correspondence to this lawyer go unanswered. Also, even the most mundane of tasks, such as scheduling depositions, turns into a complete nightmare. Overall, this lawyer will do everything they can (mostly by doing nothing) to make sure the case drags on indefinitely and expensively.

How to win a lawsuit against an attorney for malpractice?

To win when you sue an attorney for malpractice, you need to show that: The attorney was supposed to do something. He or she didn't do it (or did it wrong) This resulted in a financial loss to you (losing the case or losing money)

What to do when you hire an attorney?

When you hire an attorney, you do so with trust and confidence. Most attorneys are upstanding and do a good job for their clients. Unfortunately, there are also some bad eggs out there. If your attorney has done something wrong, you may want to consider suing a lawyer for malpractice.

What are the types of malpractice?

Types of Attorney Malpractice 1 Negligence. To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with court orders, or made other errors that were not intentional but were sloppy. Negligence happens when the attorney makes mistakes that other attorneys normally would not. 2 Breach of duty. This kind of malpractice happens when the lawyer violates his or her responsibilities to you by settling the case without your approval, not preparing the case for trial, lying to you, abandoning your case, misusing funds you provided for court costs, or misusing funds owed to you (such as a settlement amount). The attorney has not done what other attorneys would do in this type of case. 3 Breach of contract. This occurs when an attorney fails to do something he or she agreed to in your contract, such as filing your deed or patent. If the lawyer promised to do something he or she was contractually obligated to do and didn't do it, you have grounds for breach of contract.

What is breach of duty in a lawyer?

Breach of duty. This kind of malpractice happens when the lawyer violates his or her responsibilities to you by settling the case without your approval, not preparing the case for trial, lying to you, abandoning your case, misusing funds you provided for court costs, or misusing funds owed to you (such as a settlement amount). The attorney has not done what other attorneys would do in this type of case.

What happens if an attorney violates the law?

If the attorney violated proper ethics, you can file a grievance with the ethics committee of the state bar association, which ensures all attorneys are in good standing to renew their licenses. The attorney could be disbarred or directed to pay you compensation.

What is a breach of contract?

Breach of contract. This occurs when an attorney fails to do something he or she agreed to in your contract, such as filing your deed or patent. If the lawyer promised to do something he or she was contractually obligated to do and didn't do it, you have grounds for breach of contract.

Can an attorney be disbarred?

The attorney could be disbarred or directed to pay you compensation. If you are disputing a fee with your lawyer, the state also likely has a fee dispute committee that can help you obtain an out-of-court resolution. You can hire another attorney to complete or fix your case and obtain the outcome you need.

What to do if your lawyer is unresponsive?

If the lawyer is unresponsive and the matter involves a lawsuit, go to the courthouse and look at your case file, which contains all the papers that have actually been filed with the court. If you've hired a new lawyer, ask her for help in getting your file. Also, ask your state bar association for assistance.

What to do if your lawyer doesn't respond?

If your lawyer does not respond, or subsequent meetings or conversations are not fruitful, consider suggesting mediation to work out your communication problems if you still want this lawyer to represent you. A bad deskside manner doesn't mean that the lawyer isn't an excellent lawyer, and it can be difficult to find a new one in the middle of a case.

What is the agency responsible for licensing and disciplining lawyers?

Every state has an agency responsible for licensing and disciplining lawyers. In most states, it's the bar association; in others, the state supreme court. The agency is most likely to take action if your lawyer has failed to pay you money that you won in a settlement or lawsuit, made some egregious error such as failing to show up in court, didn't do legal work you paid for, committed a crime, or has a drug or alcohol abuse problem.

What to do if you lost money because of a lawyer?

If you lost money because of the way your lawyer handled your case, consider suing for malpractice. Know, however, that it is not an easy task. You must prove two things:

What is the defense of a lawyer who is sued for malpractice?

A common defense raised by attorneys sued for malpractice is that the client waited too long to sue. And because this area of the law can be surprisingly complicated and confusing, there's often plenty of room for argument. Legal malpractice cases are expensive to pursue, so do some investigating before you dive in.

What to do if you can't find out what has been done?

If you can't find out what has (and has not) been done, you need to get hold of your file. You can read it in your lawyer's office or ask your lawyer to send you copies of everything -- all correspondence and everything filed with the court or recorded with a government agency.

What happens if a lawyer doesn't return phone calls?

A lawyer who doesn't return phone calls or communicate with you for an extended period of time may be guilty of abandoning you -- a violation of attorneys' ethical obligations. But that's for a bar association to determine (if you register a complaint), and it won't do you much good in the short term.

How should a lawyer act in both professional and private life?

How a lawyer should act, in both professional and private life, is controlled by the rules of professional conduct in the state or states in which he or she is licensed to practice. These rules are usually administered by the state’s highest court through its disciplinary board.

Why should a lawyer refuse to take a case?

Unnecessary delays can often damage a case. If, because of overwork or any other reason, a lawyer is unable to spend the required time and energy on a case , the lawyer should refuse from the beginning to take the case. A lawyer must be able to communicate effectively with a client.

What to do if you have a complaint about a lawyer?

If you believe you have a valid complaint about how your lawyer has handled your case, inform the organization that governs law licenses in your state. Usually this is the disciplinary board of the highest court in your state. In some states, the state bar association is responsible for disciplining lawyers.

What is the relationship between a lawyer and a client?

In a lawyer-client relationship, acting responsibly involves duties on both sides—and often involves some hard work. You have a right to expect competent representation from your lawyer. However, every case has at least two sides. If you are unhappy with your lawyer, it is important to determine the reasons.

What is the job of a lawyer?

Communication. A lawyer must be able to communicate effectively with a client. When a client asks for an explanation, the lawyer must provide it within a reasonable time. A lawyer must inform a client about changes in a case caused by time and circumstances. Fees.

What to do if your lawyer is not responding to your complaint?

If your lawyer is unwilling to address your complaints, consider taking your legal affairs to another lawyer. You can decide whom to hire (and fire) as your lawyer. However, remember that when you fire a lawyer, you may be charged a reasonable amount for the work already done.

What happens if your lawyer doesn't communicate?

A lack of communication causes many problems. If your lawyer appears to have acted improperly, or did not do something that you think he or she should have done, talk with your lawyer about it. You may be satisfied once you understand the circumstances better. I have tried to discuss my complaints with my lawyer.