how to tell your lawyer you need to do better

by Maxie Dietrich 8 min read

  • Maintain contact – Your client needs information and your assurances.
  • Answer and immediately issue discovery
  • Engage in aggressive motion practice, as needed – Your client needs to know she is a priority and you need the proper responses to best represent her.
  • Make an early evaluation of liability and potential damages – This is key throughout because your client is attempting to evaluate risk and set reserves.
  • Conduct an early analysis for resolution strategies – Positioning cases for early resolution may not positively affect your billable hours, but your client will be happier and happy clients keep ...
  • Present a balanced view of a case’s strengths and weaknesses – Sugarcoating your analysis may lead to false expectations that lead to doubt and mistrust.
  • Provide a proposed budget – Aids in sound decision making.
  • Explain tactics and procedural issues – Your relationship with the client should be collaborative because your interests are aligned.

What should you look for when choosing a lawyer?

“When you choose a lawyer, make sure they have experience with your type of case,” Lange advises.

What does a lawyer want to know when meeting you?

In addition to learning about you and hearing your narrative, your lawyer will also want to see documents and evidence, both for informational purposes and to help assess the strength of your case. Regardless of the type of legal matter, your lawyer will want to know who you are and how to contact you.

How can I Make my Lawyer’s job easier?

If you can put them into an organized binder, you will make life much easier for your attorney and reduce the hours spent (and charged for). Sometimes, a lawyer may also try to speed the information gathering process by sending you a questionnaire to fill out in advance of any meeting.

Why can’t I understand what my lawyer is doing?

Or your lawyer may have encountered personal difficulties which makes being a lawyer impossible. Your lawyer doesn’t explain what is going on so that you can understand it. Although legal concepts are complicated, a good attorney should take care that you understand what is happening. You think your lawyer has lied to you.

image

What should you not say to a lawyer?

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.

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

How do I ask my lawyer for an update?

AnswerRaise the issue early on. Establish, in advance, a clear understanding about case updates. ... Be reasonable. A defendant who phones his or her attorney with a request for information can indicate a willingness to speak with the lawyer's associate, secretary, or paralegal.

How do you know if your lawyer is doing a good job?

Check your lawyer on legal sites such as Avvo or nolo, as well as on general sites like Google Places and Yelp! to see what other clients have to say. Search peer-review online databases such as martindale.com to see comments and opinions from other lawyers. 5. Get another lawyer's opinion.

What do you do when your lawyer lies to you?

The rules of legal ethics in most states require attorneys to be honest and to be able to do their job at a certain level of competence. If you feel that your legal representative has lied or misled you, or is performing their duties at a level below that of a competent attorney, you may want to file a lawsuit.

How do I know if my lawyer is cheating on a settlement?

Dennis BeaverThe attorney does not return phone calls in a reasonable amount of time, and;In a meeting with the client, if the lawyer is being very short, taking phone calls, trying to re-schedule, not giving enough time to the client, does not listen, ignores what is asked or is not answering questions.

How often should I hear from my lawyer?

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.

Why do lawyers ignore you?

If your attorney is not experienced or efficient, they may have missed a deadline or made another mistake and aren't willing to confess their error. There could also be some bad news that is entirely outside of the attorney's control.

What to do if your attorney is not communicating with you?

If your lawyer still does not respond, you can send him or her a letter explaining the communication problems. If at this point you do not hear anything from your lawyer, you should consult with a legal malpractice attorney.

How do I know if my lawyer is lying?

How do you know a lawyer is lying?They tell you that they are known as the “best” at what they do. ... They guarantee you will win. ... They “specialize” in whatever your problem is. ... They call themselves a “father's rights” or “mother's rights” attorney in a custody case.More items...•

What are the four responsibilities of lawyers?

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.

Why do lawyers take so long to settle a case?

Personal injury cases usually take quite some time to settle or resolve. The reasons a case can progress slowly can be summed up into three general points: Your case is slowed down by legal or factual problems. Your case involves a lot of damages and substantial compensation.

What to ask a lawyer about communication?

Ask what the lawyer expects from you. Communication is a two-way street. You should ask your lawyer if he or she has any expectations for how you will communicate.

What to do if you don't understand something your lawyer has said?

If you don’t understand something your lawyer has said, ask for clarification. You can say, “I don’t understand what ‘injunction’ means. Can you explain that?”

What to do if your lawyer doesn't give you copies of your documents?

Your lawyer should also send you copies of documents filed in your case. Keep these and read them. If your lawyer doesn’t give them to you, then ask for copies . You may have to pay a small fee.

How to communicate with a lawyer?

1. Ask your lawyer how he or she communicates. Each lawyer is different. Some might prefer to communicate by email. Others may communicate by telephone. At your first meeting with the lawyer, you should discuss how you will communicate. Try not to demand that the lawyer use your preferred method of communication.

What to do if communication has broken down?

If you feel communication has broken down, address your own shortcomings. For example, you might not get requested information to your lawyer until right before a deadline. This makes it very difficult for a lawyer to represent you. Think about why you are struggling to communicate with your lawyer.

What to say when your lawyer takes more than a day?

If your lawyer takes more than a day, then you should ask why it took so long. You can say, “Thanks for the call. I actually called you three days ago. Were you too busy to respond?”

How to tell your attorney what to do if you don't know?

If you don’t, then you won’t know what information to tell your attorney. Take notes if you talk to your lawyer in person or over the telephone. Store your notes in the same place. For example, you might want to keep a special notebook for your case. Always review your notes before contacting your attorney.

How to choose an attorney?

An attorney’s credentials are more than the attorney’s law degree or where he or she attended law school. You should select an attorney because they get results. Most attorneys love to brag about themselves, and you can often find a list of their awards and publications on their websites. When meeting with an attorney about your case, you should ask him or her about wins and losses. Ask what type of big cases the law firm has won. Find out whether the attorney has real experience in court in front of judges and juries, or simply pushes paper. Fortunately, this information can normally also be found on a law firm’s website.

Why is it important to choose an attorney?

The attorney you select not only helps guide the entire procession of the lawsuit moving forward, but is also your point of contact for the judge, the other attorneys, and the parties that you are su ing (or, if you are unlucky, who are suing you).

How much do attorneys charge for a lawsuit?

Hourly rates tend to vary based on geography, with most small town attorneys earning an average of $100-$300 per hour, and New York City attorneys earning averages of $300-$800 per hour. Before choosing an hourly rate attorney, you should not only consider whether you can actually afford that particular attorney, but also whether the hourly fee is a good fit for your needs. As a general rule of thumb, if less than $1,000 is at stake, you probably do not need an attorney. Attorneys also offer contingency fees for cases that will result in direct financial compensation, such as personal injury claims. In a contingency case, the attorney will take a percentage out of the amount of the final verdict or settlement.

Why do you need an initial consultation?

The final and most important utilization of the initial consultation is to plan for the future. For many reasons, this should be the most obvious use of an initial consultation. If you choose to hire the attorney you consult with, the initial consultation will not be the last meeting; rather, the initial consultation is the start of a longer process. During the consultation, you should be keen to take notes (mental notes are fine, but if you feel the need to, bring pen and paper) about how the attorney envisions the process moving forward.

What are the different types of legal fees?

There are two types of legal fee arrangements: hourly rates and contingency. Hourly rates are the most common fee arrangements and can vary from inexpensive to in the thousands of dollars per hour. These rates often vary with an attorney’s practice area with anti-trust and commercial transactional attorneys charging the highest rates and family law and real estate attorneys charging the lowest average rates. An attorney’s hourly rates are generally calculated to the tenth of an hour so that clients are billed exactly. In addition to the lawyer’s time, the time spent by paralegals and assistants will also be billed hourly, but at far lower rates. If your case is taken on an hourly-rate basis, make sure the amount is comfortable with your budget.

What websites have reviews for attorneys?

For example, many websites that specialize in legal matters such as Avvo will contain reviews for attorneys. Finally, it may also be worthwhile to search other more widespread Q&A forums such as Quora and Nolo for feedback about attorneys.

What does it mean to have a good attorney?

As a result, there is a lot riding on your decision. A good attorney can mean the difference between a major court verdict and a paltry settlement. Also, in the worst case scenario, you and your attorney may not see eye to eye on every issues. This article is designed to help guide you toward finding the right attorney to handle your case. The right attorney should likely be adaptable, likeable, good at communicating, legally knowledgeable, and experienced. Below are five tips that can help you determine winners from losers:

Is a lawyer efficient?

But if you’re having a hard time getting in touch with your lawyer, or if you notice that you’re not on your lawyer’s best interest, then it’s not a good one.

Is a lawyer a good listener?

A great lawyer is also an even better listener. You can sense if your lawyer doesn’t put an effort to listen to you. Your lawyer should understand your goals, and they should also be responsive.

Why is it so expensive to go to court?

It's expensive because we have to wait in line too. Going to court is more than dressing up in a fancy suit and knowing what papers to fill out. Attorneys have to wait in line just like the "regular folk" and we are at the mercy of the court staff just like everyone else. If you get a bill that includes time spent waiting in court, it's not usually exaggerated. While some people may stretch the truth - if you want to see whether I had to wait an hour for the case to get called, then just come with me to court. Some courtrooms have more than 50 cases on the call. Your case may not be first or even ninth. I have been number 210 on the list before. It takes time. Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

Why do people hire lawyers?

Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

Why is credibility important in court?

Credibility is one of the most important things in this world - and most important in a courtroom. If you care enough only to wear sweats to the courthouse, then the judge will see that you don't care, and that will be reflected in their desire to help you, listen to you, and decide in your favor. Step it up.

What to do if your lawyer doubts you?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

What to say when a judge can see your boobs?

If the judge can see your boobs, he's not listening to your story. If I can see your boobs, then I know you didn't care enough about yourself to talk to an attorney. Dress like you are going to church. Credibility is one of the most important things in this world - and most important in a courtroom.

What happens if you don't pay your lawyer?

If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.

What to do if no one can confirm a story is true?

If no one can confirm that the story is true, you will at least need something external, such as a hard copy document, to prove your case. Be prepared.

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 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 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 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 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.

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 parts are there in Richter's book?

The book is divided into four parts: managing clients and creating collaborative relationships; practice considerations for your practice; improving your skills and managing your caseload; and developing yourself and your practice, and includes tips on everything from getting paid to improving efficiency to managing your caseload to improving your legal writing, Richter allows the reader to focus on just one strategy for improvement a day.

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.

What is a potential money pit?

When hiring an attorney, a potential money pit is “expenses” outside of the lawyer’s billable hours. Expenses include everything—copying and faxing costs, hiring expert witnesses, and even traveling via private jet, points out attorney Justin C. Roberts. Some lawyers don’t just pass the charges along; instead, they charge an additional percentage fee. Whatever their method, you need to know it up front so there won’t be any surprises when the bill arrives.

Why is it important to approach a lawyer with honesty?

“ Winning cases can be lost because of a client who lies or exaggerates just as easily as because of a lawyer who tells the client what the client wants to hear instead of what is true.” So when dealing with attorneys, don’t just look for honesty—be honest.

How to get a good lawyer to take your case?

“If you want to improve your chances of securing the best lawyer to take your case, you need to prepare before you meet them,” advises attorney Stephen Babcock. “Get your story, facts, and proof together well before your first meeting.” This not only ensures that you understand your own needs, but it helps a good lawyer to ascertain whether he or she can actually help you. “We want the best clients too. Proving you’re organized and reliable helps us.”

Do most cases settle outside the courtroom?

In choosing your attorney and your plan of action in resolving a dispute, it’s important to consider that despite what you see on television, most cases never see the inside of a courtroom. Typically, they’re settled outside the courtroom because of the time and expense involved, according to attorney Darren Heitner, author of How to Play the Game: What Every Sports Attorney Needs to Know.

Should a lawyer stay out of court?

In fact, a lawyer should try to stay out of court. “In my experience, a good lawyer always finds every opportunity to keep a case from being decided by a judge, and only relents on trying a case before the bench when all alternatives have been exhausted,” attorney, Jason Cruz says.

Do you need a lawyer to write a demand letter?

On reading a demand letter, the other person will often say, “this isn’t worth the trouble” and they quickly settle. But here’s a secret from Knight: You don’t need a lawyer to write a demand letter. You can do it yourself. Just make it look as formal as possible, and you may find your dispute goes away—no charge to you.

Is divorce hard?

It’s not as hard as you might think, according to attorney Randall M. Kessler, author of Divorce: Protect Yourself, Your Kids and Your Future. “Shop around and trust your instincts,” he advises. “Does the lawyer listen to you? Do they explain things in a way you can understand? And are they willing to discuss fees and costs? The person you hire will need to be someone you trust and believe in, so be sure you feel very good about them from the start.”

What do lawyers want to see?

In addition to learning about you and hearing your narrative, your lawyer will also want to see documents and evidence, both for informational purposes and to help assess the strength of your case. Obviously, the nature of the evidence will vary dramatically from one type of case to another. As you prepare to meet with your lawyer, try ...

Why is it important to prepare for a first consultation?

In short, preparation for your first consultation meeting is critical. Strong preparation will save time and money. It will also ensure that all of your questions are answered, and that your attorney has all the information needed in order to effectively represent you.

How to speed up information gathering?

Sometimes, a lawyer may also try to speed the information gathering process by sending you a questionnaire to fill out in advance of any meeting. If this happens, be sure to fill out the questionnaire and send it in to the lawyer's office beforehand, so that the lawyer doesn't have to review it wmhile you sit there.

What to know before meeting with a lawyer?

Before you get too far into a meeting or conversation, the lawyer will want to know about any possible conflicts of interest that might prevent him or her from ethically representing you.

What are the goals of a lawyer?

Typical goals might include: review and provide comments on a contract or legal document. draft a will.

How to make a consultation meeting efficient?

To make your consultation meeting efficient, try writing your story down as if you were communicating it to a person who had never met you before. You'll probably want to do this chronologically, identifying the key dates and names (for example, "It all started when I went into business with my friend Bill in 2013...").

What to include in a dispute narrative?

Some important details to include in that narrative include: names of the key players in your dispute. date the dispute or problem began. type of the dispute (harassment, contract, divorce) key events of your dispute, including a "who, what, where, when and why" narrative, and. current status of your dispute.

What is lack of decisiveness?

3. Lack of Decisiveness#N#From the first meeting with your lawyer they should be able to lay out a plan for how to proceed with your legal matter. Yes, sometimes it requires they reseach a particular issue or law, but reseaching should be step one in the plan. A lawyer who says give me your money and has no plan, has a plan, and that plan is to take your money. Any time you talk to your attorney, they should be able to tell you what is the next step in your case.

Why don't lawyers pay for yellow pages ads?

It is that sense of care, friendship, and family that allows some lawyer to never have to pay for a yellowpages ad or television advertising because whenever someone has a problem, people refer them to their friend, to their family, to their lawyer.

Why do courts call in proceedures?

Most Courts have call in proceedures for lawyers so that their location and ETAs are known by the clerk and or Judge. As a general rule if the Judge calls your case, immediately stand up, wait for the Court / Judge to recognize you, and simply answer what is asked.

What does it mean when a lawyer says "give me your money"?

Any time you talk to your attorney, they should be able to tell you what is the next step in your case. 4. Being on Time. Lawyers often have multiple cases set on any given day.

What is a legal lull?

In almost any type of legal case there will be lulls where there is not much being done on any particular week or month. If your lawyer has explained the plan and you can communciate with them you should not have to worry if there is nothing done for periods of time.

How do competent lawyers come into a case?

A competent lawyer can usually come into a case at any point in the process either by agreement or by force. A competent lawyer is what any person needs to go to war with. If you feels dissatisfied with the way your case is progressing or information is communicated to you, tell your lawyer.

What is personality conflict?

Personality conflicts. Some lawyers are high energy all the time. Some are calm and serene. Others are either somewhere in between or change based on the circumstances or what they had for breakfast. If you had to hire a lawyer, then you have a serious problem.

image