what not to tell your lawyer

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 isn't likely to be...
• "It's the principle that counts" Principles are...

Full Answer

What should you look for when dealing with an attorney?

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.”

What do divorce lawyers not want you to know?

That the divorce process should never be used for vengeance One of the secrets that your divorce lawyer might not want you to know is that divorce proceedings are not used punitively. Sometimes, parties want to stick it to their soon to be ex-spouse as recompense for something they did.

Why does my attorney say he is not in the office?

That could be because they are working on someone else's case, or maybe because they think you talk too much and keep them on the phone too long. But having a receptionist tell clients that their attorney is "not in the office" or "unavailable" is exceedingly common.

How do I find out if a lawyer has violated ethics?

The ABA keeps a database of known ethics violators and makes the information available if you call 312-988-5321, but it relies on voluntary reports from state bar counsels.

What should you not say to an attorney?

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.

Can you tell your lawyer everything?

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.

Should you disclose everything to your lawyer?

Should you? In almost all cases, the answer to that question is “no.” In California, you are protected by attorney-client privilege. California Evidence Code 954 states that you nor your attorney need disclose any information that you have disclosed in confidence.

What are lawyers scared of?

Being judged unfairly by potential or actual jurors. Being intimidated by judges. Suffering reprisals from judicial disqualification motions or reporting judicial misconduct. Suffering “the pain, humiliation and shame of defeat.”

What if a lawyer knows his client is lying?

(3) offer evidence that the lawyer knows to be false. If a lawyer, the lawyer's client, or a witness called by the lawyer, has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal.

Do lawyers lie for their clients?

In California, the Rules of Professional Conduct govern a lawyer's ethical duties. The law prohibits lawyers from engaging in dishonesty.

Is a conversation with a lawyer confidential?

As a general rule, any communication between a lawyer and a client is confidential and subject to the attorney client privilege. The attorney cannot tell that information to anyone without the client's consent. Importantly, this privilege applies to the lawyer's prospective clients, as well as actual clients.

Can you tell a lawyer your guilty?

If you tell your lawyer that you are guilty of a criminal offence, they can still represent you. However, if you wish to plead 'not guilty' then your lawyer cannot positively suggest that you did not commit the offence.

Should I lie to my lawyer?

Lying is never a good idea, but the last person you should lie to is your lawyer. No matter what the rationale may be, honesty is always the best policy when it comes to dealing with an attorney who you've either consulted with or retained to represent you.

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.

What happens if a lawyer loses a case?

If the attorney loses the case, the client is still responsible for legal fees as stipulated in the original retainer contract. Some attorneys may agree to withhold billing until the end of a case, but they will still expect payment regardless of how the case ends.

How often should my lawyer update me?

Once a month is a good rule of thumb if things are slow, but if you are preparing for trial or in my case an administrative benefits hearing, the contact with you and your attorney should be more frequent and specifically scheduled.

What does it mean when you have spoken to 5 other employment lawyers?

If you have really spoken with 5 other employment lawyers, and none of them were interested in your case, it probably means there is something wrong either with your attitude, or with your case.

What happens if you are late for an employment lawyer?

If you were late for your first appointment with an employment lawyer, or if you never showed up for this appointment, they will probably not be interested in your case, even if you have a good excuse. You need to respect the time of your lawyer.

What happens if you don't bring documents to an appointment?

If you didn’t bring the important documents related to your case for your appointment, the employment lawyer you are meeting with will think you are not that concerned about your case. If you are not taking your case seriously, why would they?

Can an employment lawyer make easy money?

Your employment lawyer will have to work hard to help you win your case. Once again, don’t insult them by pretending you have already figured out that your case would be easy money for them. There is no such thing as easy money for employment lawyers.

Do employment lawyers like clients?

Employment lawyers like clients who are taking their case seriously, but they don’t like clients who are insulting their experience. Don’t try to do part of the work on your own before you even meet with a lawyer.

Do employment law cases bring in money?

Unfortunately, most employment law cases don’t bring in any money. Employment lawyers want to work with clients who will hear their recommendations, not with clients who are difficult and have unrealistic expectations.

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 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.

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 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 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.

Can a lawyer take your money?

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. Oral contracts are extremely hard to prove. What are the terms.

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.”

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.

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.

Can you appeal a disability denial?

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.”

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.

How much does a lawyer charge per hour?

Most lawyers can charge for their services in a variety of ways: a flat fee, an hourly rate of typically $100 to $300 an hour, or a percentage of the award, usually billed at 30 or 40%. Which is best for you? If your case is simple, a flat fee is best. It gives the lawyer an incentive to solve the problem efficiently.

Who sued Maslon Edelman Borman and Brand?

Such a clause should be a warning for you to take your business elsewhere. Inventor Walter R. Fields says he didn't realize he was giving up his right to sue when he hired Maslon Edelman Borman & Brand, a large Minneapolis law firm, to sue the builder of his mold-infested $1.2 million house. Disappointed when he lost his case, Fields tried ...

Can a paralegal do a living trust?

The only things paralegals can't do are give legal advice and represent you in court.

Do you have to pay federal taxes on an attorney?

You'll probably even have to pay federal taxes on the part that's earmarked for your attorney, unless you live in the one of the few regions, including Alabama, Michigan and Texas, where federal appeals courts have sided with taxpayers.

Is arbitration unethical?

Many lawyers insert compulsory arbitration provision s in their retainer agreements, which isn't necessarily unethical, according to the ABA, providing that the agreement doesn't insulate the lawyer from liability and the client understands what it means.

Can a guy who settles always drive a hard bargain?

A guy who's known for always settling can't drive a hard bargain. "It certainly helps if the defendant knows (a lawyer) is ready to go to court," says Bert Braud, a Kansas City, Mo., litigator who takes at least one case through trial each year. 6. "I won't take your chump-change case.".

Is lawyer-client sex unethical?

Despite such scandals, the American Bar Association didn't rule on the issue until 2002, when it noted that lawyer-client sex is generally unethical but it is up to each state whether to adopt an outright ban on the practice.

What should I tell my lawyer about a crime?

What You Should Tell Your Lawyer. If you have been accused of a crime, you are probably feeling anxious and worried. Whether or not you actually committed the action of which you are accused, it’s normal to feel nervous about appearing in a court of law before a judge, jury and prosecuting attorney. After all, the outcome of your legal case could ...

What happens if a lawyer violates the attorney-client privilege?

If lawyers violate this privilege, they could lose their license to practice law and permanently damage their reputation. Unless you give up your right to attorney-client privilege or if your lawyer believes you are about to commit a crime, your lawyer is ethically bound to keep your information secret from anyone else.

What to do if you are worried about divulging facts?

If you are worried about divulging certain facts about your case, the best thing for you to do is to find an experienced attorney and hire them to represent you. Remember, you only have attorney-client privilege with a lawyer who is representing you. Only discuss the details of your case with an attorney whom you have hired to represent you in court. If you admit guilt to your lawyer, it may actually help your case in the long run.

What is the role of a criminal defense attorney?

A criminal defense attorney stakes his or her professional reputation on their efforts to protect their client’s rights. In the course of their career, many defense attorneys may have to represent a client who admits guilt.

What is attorney-client privilege?

Attorneys are sworn to protect information that you divulge to them after you have hired them to represent you. This is known as attorney-client privilege. Essentially, once you have hired an attorney, they are legally bound to protect the things that you tell them regarding your case.

Can a lawyer defend you if you don't tell them?

Your lawyer cannot defend you using information that you do not tell them. For this reason, it is in your best interest to share as much information as possible with your attorney.

Can you hide things from your lawyer?

You might be so worried about your case that you want to hide some things from your lawyer. You might be worried that, if you reveal too much to your attorney, they will turn you in to the police or forfeit your case. Before you decide to keep things from your lawyer, there are some things that you should know about the attorney-client relationship.

What are some secrets that a divorce lawyer may not want to share with you?

Below are twenty secrets that a divorce lawyer may not want to share with you. 1. It's going to cost more than you bargained for. It's not always the case—but more often than not, the costs associated with your divorce will often be higher than your lawyer's original estimate.

How to choose a divorce attorney?

There are several things to look for when choosing a divorce attorney. You want to choose someone who is experienced, respected, competent, and affordable. If they are proving to not be a good fit though, change them. Because you can, even if the reason is that you don't get on with him or her. Bear in mind however that if an attorney has worked on your case, you'll have to pay her/him for their time. Also, it might damage your case to change attorney's when you are close to a court ordered deadline, so only do it after careful consideration.

How do divorce lawyers save money?

That you'll save money and heartache by being organized. Divorce lawyers often charge by the hour. If you take responsibility for being as organized as possible, not only are you likely to walk away from your marriage with a more acceptable outcome, you'll probably save some money too.

What does it mean to be uncontested in divorce?

An uncontested divorce means that you and your spouse agree child custody, spousal support, child support, visitation, and division of property. If you find that there is no need to fight over these things, you've already saved yourself thousands of dollars.

How to start a divorce?

One of the best and simplest ways to do that is to start a divorce file. In this file, keep every bit of paper that could have an effect on how your divorce proceedings. Gather copies of all important financial documents and access to all account information. Keep it organized and easy to navigate.

Can a divorce lawyer tell you that you can come to a full agreement?

"Divorce lawyers won't tell you that you can come to a full agreement in your case at any time," says divorce attorney Russell D. Knight. Instead, they would prefer to engage in the lengthy process of "discovery"—tallying debts and assets—before drawing up the final documents.

Can a judge see your tattoo?

When you walk into his or her office, they probably won't to see your visible tattoo, pink hair, or ironic mustache. But if your divorce is contested, you're going to stand in front of a judge in order to decide outcomes. Attorneys know that while judges are required to remain impartial, they are human and come with their own prejudices, too.

What should a divorce lawyer not tell you?

Here are seven secrets your divorce lawyer won't tell you (but should). 1. You Might Not Get Your Day in Court... A divorce is a lawsuit, and we usually think of lawsuits as ending in a trial. However, many, if not most lawsuits end in a settlement. This is especially true of divorce, where upwards of 90% of cases settle—and some reports place ...

What do you need to do if you are divorced in California?

One thing you can do is gather financial documents your attorney will need in your case. In almost every California divorce, property division is an issue, and if you have children, child support will be an issue, as well as possibly spousal support.

Do aggressive divorce attorneys go to trial?

Remember the first secret above: most divorce cases don't go to trial. An aggressive attorney can actually get in the way of a productive settlement, extending the case and billing more hours by stirring up hostility and "churning" the file.

Can an aggressive lawyer force you into a trial?

At worst, an aggressive attorney can force you into an expensive trial you didn't need. Most of the time extended conflict enriches the lawyers, not their clients. What's more, when your case is done, your lawyer doesn't have to deal with the ongoing hostility he or she has helped to stoke between you and your ex—but you will.

Do divorce cases go to trial?

Remember the first secret above: most divorce cases don't go to trial. An aggressive attorney can actually get in the way of a productive settlement, extending the case and billing more hours by stirring up hostility and "churning" the file.

Can attorney fees be expensive?

Yes, attorney fees can be costly, and add up quickly. But your attorney may not tell you what you can do to keep them down unless you ask. You should ask, because there are some simple things you can do to reduce your attorney's workload, and more importantly, save yourself some money.

Is a divorce trial worth it?

The expense of trial is worth it if a trial is needed to reach a just result in your case, but often, it's not. 3. Your Divorce Lawyer Might Not Have Much Trial Experience. If most divorces don't go to trial, that means many divorce attorneys don't have a lot of trial experience.

Disclose All Relevant information.

• It’s important to share all relevant facts with your divorce attorney so he or she can prepare for and deal with potential problems. Even if you think a particular fact is irrelevant to your divorce, make certain to mention it to your attorney so he or she can decide whether the item could creat…

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