“Well, I don't know as I want a lawyer to tell me what I cannot do. I hire him to tell how to do what I want to do.” ― J.P. Morgan
Full Answer
Failing to tell your lawyer everything is one of the quickest ways to severely damage a case. Sometimes, this can damage a case beyond repair. If your lawyer knows about something and has an opportunity to brain storm, there is at least a chance to minimize the potential damage. I call it "putting lipstick on the pig."
So when dealing with attorneys, don’t just look for honesty—be honest. “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 does not step friends, family, and/or complete strangers from asking for free legal advice or for free legal representation. Because attorneys do not have a defined skillset like electricians, plumbers, or veterinarians, a person could view asking for a free legal opinion as no problem to the attorney.
My lawyer isn’t keeping me informed on what’s going on. What can I do? Lawyers are ethically bound to keep their clients informed on important developments in the case, and to respond to inquiries.
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.
An attorney must always do what they say they will in a prompt and timely manner as unreasonable delay may adversely affect the outcome of your case.
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.
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.
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.
A Marsden motion is a formal request made by a criminal defendant to the court. The court hears arguments on the motion from the defendant and the attorney, without the presence of the prosecutor.
A claim of malpractice may exist if your lawyer exhibited negligence in your representation. If your lawyer's negligence caused you to suffer harm or a less advantageous outcome or settlement in your case, you may have a claim to sue your lawyer for professional negligence.
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.
Formal complaint against [name of lawyer or law firm] describe what the lawyer had been hired to do for you [for example dealing with the sale or purchase of a house] • say when this was [give the date or dates when the problem occurred]. My complaint is that [list what you think went wrong or wasn't done properly.
Lawyers are advocates and advisors for our society. Without lawyers, individuals would have to research the law and previous judicial decisions and understand how those decisions and laws apply to their circumstances.
As advocates, they represent one of the parties in criminal and civil trials by presenting evidence and arguing in court to support their client. As advisors, lawyers counsel their clients about their legal rights and obligations and suggest particular courses of action in business and personal matters.
Attorney vs Lawyer: Comparing Definitions Lawyers are people who have gone to law school and often may have taken and passed the bar exam. Attorney has French origins, and stems from a word meaning to act on the behalf of others. The term attorney is an abbreviated form of the formal title 'attorney at law'.
Lawyers are ethically bound to keep their clients informed on important developments in the case, and to respond to inquiries.
My lawyer isn't keeping me in the loop on what's going on with my criminal case. I'm getting nervous because I don't know if things are going well or if I might end up in jail. Is there anything in the law that I can use to make sure I'm kept informed on the details of my charge and my case?
Defendants should insist that their lawyers adhere to their ethical obligation to inform them about the progress of their cases. As defined by ethical rules, a lawyer's duty to keep clients informed has two primary components:
When money comes between you and your lawyer, you are less likely to get your attorney's attention, best performance, or sympathy. Would you blow off your dentist after he's cleaned your teeth? NO, you have to make payment then and there. Would you walk out of the grocery store without paying? No, you have to pay then and there.
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.
When your lawyer tells you to come to court or to a deposition - dress up for God's sake. When I see people at the courthouse looking like they are on their way to a nightclub, I know that they are a) low-class; b) going to lose their case; and c) their ego got in the way. If I can see your boobs, so can the judge.
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.
I know, I know. Every client's case is a winner. Everyone who sits in my office is right. We all know. However, just because you are right in principle, does not mean that you will win. Much of the legal process is about what is more likely than not, and who is more believable. Sometimes it's about who is likeable.
If you can't prove the terms of your arrangement to me in my office, you probably don't have a case. While lawyers can certainly take your money and your time and we can file a case that will be very hard to win, if you don't care enough about your life to get a contract, the judge is not very likely to be on your side. At least, not automatically.
If you leave a message longer than say, 30 seconds, when you are first calling me to set up an appointment, I will not be interested in calling you back. I don't want a 10 page email about your problem or a long voicemail, before I've even met you.
Communication is normal to have questions about your case. Good attorneys should regularly communicate what is going on with your case. Lawyers should display a willingness to answer our questions.
Your attorney needs to make money, and billing for their services is how they earn a living. While it can seem expensive to hire a lawyer, clients often are not aware of the overhead and behind-the-scenes work that goes into their cases. However, there is no excuse for unclear billing practices where you are slammed with unexpected legal costs.
While it is true that you want an attorney that you feel like you can trust to get you the result you want, any attorney who promises you a specific result should be a huge red flag. The legal system is made up of many moving parts, and though a good attorney can offer you a reasonable idea of what to expect, no one can promise a specific result.
While the first three items are signs that you do not have a good attorney, on this one we start to move into things that could begin to move toward unethical or illegal actions that can reach to malpractice.
You deserve an attorney who empathizes with what you are going through. If an attorney does not have empathy or compassion for your situation, they are not who you want to negotiate with an insurance company or have present your case to a jury.
In the legal arena, attorneys start at the bottom and work their way up. If there is a lack of professional respect for your attorney, whether it is former clients, in the courtroom, or with their peers, it should be a red flag.