Five things not to say to a lawyer (if you want them to take you seriously)
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Jan 15, 2010 · Five things not to say to a lawyer (if you want them to take you seriously) "The Judge is biased against me" Is it possible that the Judge is "biased" against you? I suppose it's POSSIBLE, but the... "Everyone is out to get me" It may FEEL like everyone is out to get you, but the chances that this ...
Nov 20, 2018 · It’s imperative that both the lawyer and the client approach one another with complete honesty, attorney Paul Edelstein, tells Reader’s Digest. “ …
First, talk with your lawyer. 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.
Oct 15, 2014 · Your attorney, however, will be actively looking for a way to get you off, such as by persuading the court to accept a guilty plea on a lesser charge. Attorney-Client Privilege – Your attorney is bound by the ethics of the legal profession not to reveal whatever you tell him without your permission. The only times this doesn’t apply is if 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.
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.
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.
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.
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.
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.
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.
This oversupply of debt-laden lawyers puts you in the driver’s seat. Next time you catch your lawyer’s hand in the cookie jar, report him to the state bar and hire one of the many great attorneys waiting in the unemployment line.
Attorneys bill clients in six-minute intervals. But don’t let this level of precision fool you—not all lawyers are fanatically staring at their stopwatches to ensure you are not getting overbilled.
Because most attorneys are only experts in specialized niches, they often have to refer clients to other attorneys who are more qualified in the client’s area of need. In many jurisdictions lawyers are allowed to pay each other referral fees as long as the fee is properly disclosed to the client. While technically legal, this practice creates a bad incentive for lawyers to focus more on the size of the kickback than on the welfare of their clients.
Very often the lawyer you hired is not the one you will work with. While the seasoned attorneys are used to lure in clients, your matter might be delegated to young attorneys fresh out of law school.
Your lawyer can bill you for every minute he spends thinking or talking about your case. If you run into your lawyer at the golf course and ask about your case, that conversation is billable. Therefore, every communication you have with an attorney should begin with the question: “Are you billing me for this?”
Due to their size, large law firms can often get great rates for things like copying services, long distance calls, and legal database subscriptions. But instead of passing on the savings to you, some firms charge you a higher rate and pocket the difference.
While most lawyers are honest professionals, the legal industry does have its share of rotten apples. From overbilling to downright incompet
“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.”
“ 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.
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.
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.
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.”
If you feel helpless when faced with an insurance denial, please know that you might be able to appeal with the help of a qualified lawyer, says David Himelfarb, attorney. Insurance companies routinely deny long-term disability claims, for example, particularly because it’s assumed that most people don’t have access to reputable attorneys to challenge the denial. “This is where intricate knowledge of the legal and insurance process, as well as the right team of experts to prove the claim, can reverse the odds.”
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.
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.
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.
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.
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.
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.
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.
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.
There are a number of benefits of telling your lawyer the truth, including: Crafting a Solid Defense Strategy – It helps for attorneys to know all the details of a situation. That’s the only way they are able to devise a good defense for your position.
I’m Guilty: Should I Tell My Attorney? - Brett A. Podolsky
Even when you have been caught outright committing a crime, if your lawyer knows the truth, he can advise you on your best chances for acquittal or at least a reduced sentence.
Attorney-Client Privilege – Your attorney is bound by the ethics of the legal profession not to reveal whatever you tell him without your permission. The only times this doesn’t apply is if you: Waive your right to privilege, which means you give the lawyer permission to disclose information.
In very isolated situations, a lawyer may walk away from a case if they has a personal dilemma or a conflict of interest. Sometimes this only becomes obvious once they knows the truth, so it’s a risk you take. For example, a lawyer with personal views on abortion might not want to defend someone on trial for an illegal abortion operation, or where they have a family member who is involved in the case.
Ensures Your Best Interests – Lawyers like to win. They seldom take a case that looks like they might lose it , so regardless of what you believe your attorney thinks of you, it’s important that they has all the information necessary to ensure your best interests are served during the proceedings. Without full information about the situation, no lawyer can be effective in their work.
The main disadvantage is that once your attorney knows the truth, he can’t put you on the stand to testify if he knows you are going to lie, and neither will he actively lie on your behalf.
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.
If you're not satisfied with your lawyer's strategy decisions or with the arguments the lawyer has been making on your behalf, you may even want to go to the law library and do some reading to educate yourself about your legal problem.
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.
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:
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.
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.
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.
Your lawyer’s actions can have a substantial negative impact on your case, especially if they cross the line into unethical or illegal behavior. You may want to win your case, but if your attorney is breaking the law or lying to help you do so, then you are both at risk of serious consequences.
Your lawyer’s actions can have a substantial negative impact on your case, especially if they cross the line into unethical or illegal behavior. You may want to win your case, but if your attorney is breaking the law or lying to help you do so, then you are both at risk of serious consequences. Unprofessional or unethical behavior can include: 1 Arriving late or failing to show up for important meetings, or missing court dates 2 Making decisions of importance about your case without discussing it with you first 3 Missing filing deadlines, filing paperwork incorrectly or filing the wrong paperwork with the court 4 Refusing to return your calls or messages within a reasonable timeframe 5 Knowing there is a conflict of interest in your case, but proceeding despite the ethical problem
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. If they cannot spare compassion for you, how can you trust that they can adequately convince a judge, jury, or another party to feel what they do not?
If your attorney is coming off like a used car salesman, be wary. You want an attorney who will fight for the best possible outcome, but the best of attorneys know they can never promise a positive outcome. You deserve an attorney who is honest with you, even if the truth hurts.
If you are battling for the custody of your children’s custody or struggling because you are not receiving child support, you need an attorney who will keep you apprised of every step of the process. If you continuously struggle to contact your lawyer, and they often do not return phone calls and messages , it is a bad sign.
Unprofessional or unethical behavior can include: Arriving late or failing to show up for important meetings, or missing court dates. Making decisions of importance about your case without discussing it with you first. Missing filing deadlines, filing paperwork incorrectly or filing the wrong paperwork with the court.
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.
Learning what not to tell a therapist might surprise you. First and foremost, don’t expect your therapist to want to analyze your dreams. Most contemporary therapists are not trained in dream analysis. They might even find it to be counterproductive to the administration of therapy for their clients.
If you mention using marijuana, do not disclose whether you are also a distributor. A therapist might interpret this as you doing harm to others and feel inclined to report you to law enforcement.
Being a mandated reporter means that your therapist is legally required to report anything that might indicate physical, emotional, or mental harm inflicted on or by their client. As mandated reporters, therapists are required to contact local law enforcement if they feel a client is going to harm someone else.
You might start feeling comfortable enough with your therapist to start making off-handed jokes or comments. How many times have you jokingly said you wished someone you know was dead? Most of us have done it, but when you do it during a therapy session, expect for there to be, at the very least, more discussion on why you said this. In fact, be prepared to qualify and explore your reasoning for this statement, as your therapist will likely be paying attention to everything you say.
If your therapist has reason to suspect that the joke might have a serious side to it, they can report their concerns to your medical doctor. Even if you are terminally ill and mention suicide (including physician-assisted suicide, which is legal in Oregon and several other states), doctors in most American states can report their concerns.
Most therapists won’t judge you for your criminal past. But there are likely a few out there who might not see your actions as just being in the past. If your prior record is not part of the reason for why you’re seeking therapy, you might want to consider how you bring it up or possibly not mentioning it at all.
We often think that, when we speak to our therapists, we have to tell them everything. While it can be helpful to tell them about some of the thoughts and feelings that are bothering you, a few of them might actually be better kept to yourself. Also, you are not under any sort of legal, contractually-bound obligation to tell your therapist anything you do not feel comfortable with telling them.