what should i tell not my lawyer

by Gladys Fritsch 7 min read

8 Things Most Lawyers Won't Tell You

  • Pay Your Attorney As You Have Agreed To. When money comes between you and your lawyer, you are less likely to get your...
  • Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change...
  • Dress Appropriately. When your lawyer tells you to come to court or to a deposition - dress...

Full Answer

How to know if your lawyer is a good lawyer?

With the client's information and the prosecution's discovery, the lawyer can begin to develop a strategy. But not all lawyers want the same minutia. "Not Listening!" Some defense lawyers don't want to know what the client did and didn't do, so as to …

Can a lawyer tell other lawyers what a client reveals?

8 Things Most Lawyers Won't Tell You Pay Your Attorney As You Have Agreed To. When money comes between you and your lawyer, you are less likely to get your... Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change... Dress ...

What to do if your lawyer is not working on You?

With few exceptions, a lawyer generally may not tell anyone else what a client reveals about a case. The reason for this strict rule is to enable a client to discuss case details openly and honestly with a lawyer, even if those details reveal embarrassing, damaging, or commercially sensitive information about the client.

What happens if you tell a lawyer you don’t care?

Nov 20, 2018 · 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 …

See more

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. If your lawyer does not respond, or ...

image

What should you not say to a lawyer?

9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•Mar 17, 2021

Should you tell your lawyer everything?

You should always tell your lawyer everything. If you go to trial, the information you are hiding could come out during the trial. If your attorney does not know about it, the attorney cannot properly 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 is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

How often should you contact your lawyer?

You should never be afraid or feel like an intrusion to contact your attorney every three weeks or so, or more frequently if there is a lot going on with your health or other matters related to your legal case.Jun 17, 2020

Can your lawyer lie to you?

In NSW, that body is called the Law Society of New South Wales. The ethical standards do not prevent criminal lawyers from representing a client they know is guilty, but the lawyer will not be able to lie or knowingly mislead the court on their client's behalf.Dec 18, 2014

What do you do when your lawyer lies to you?

If you think your attorney has acted unethically You can complete a complaint form online or download a PDF complaint form from the State Bar's website. You may also call the State Bar at 800-843-9053 (in California) or 213-765-1200 (outside California) to discuss the complaint-filing process.

How do you write a complaint letter about a lawyer?

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.

What can I do if my solicitor isn't doing his job?

If you have complained to your solicitor about poor service and you are not satisfied with their response, you can contact the Legal Ombudsman. The Legal Ombudsman deals with poor service, such as: delayed or unclear communication. problems with your bill.

Can I sue a lawyer for lying?

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.May 8, 2020

What are ethics violations?

In a nutshell, an ethical violation is something that is - spoken, written, actioned - that violates a company's documented code of ethics, mission, vision, values, and culture. We also know that ethical violations laugh in the face of what is considered normal societal behaviour.Aug 14, 2015

What is professional misconduct for a lawyer?

Thus, 'conduct which would be regarded as improper according to the consensus of professional, including judicial, opinion could be fairly stigmatised as such whether it violated the letter of a professional code or not'. This form of professional misconduct became known as conduct unbefitting a solicitor.Mar 31, 2010

What to do if you can't reach your lawyer?

If you can’t reach your lawyer you should be able to reach the office or another staff member who can set up an appointment with you or a good time to reach them . Keep in mind that missed phone calls happen to the best of us, but your lawyer should never ignore you.

What is the biggest part of being a lawyer?

One of the biggest parts about being a lawyer is convincing the jury to go in your favor. If your attorney isn’t enthusiastic about your case or seems unsure, that should raise some red flags.

Do lawyers start at the bottom?

Like any job, some lawyers start out on the bottom and need to work their way to the top. Despite what online reviews say, if you notice a lack of respect for your lawyer in the courtroom or by other peers, it’s a red flag. Your lawyer needs to be respected and taken seriously, especially if your case goes to trial.

Is it important to have empathy with your lawyer?

Just as important as it is for your lawyer to get the job done, it’s equally as important for them to empathize with you and understand what you’re going through. Whether it’s a divorce case or a personal injury case, showing no compassion or empathy is a definite sign of a bad lawyer.

What does an attorney need to know about a case?

An attorney needs to know about the case in at least some detail. Otherwise, the lawyer can't effectively advise the client about the viability of going to trial and any theories of defense (for example, self-defense or someone else being responsible). With the client's information and the prosecution's discovery, ...

What is the duty of a defense attorney?

A Lawyer's Duty. A defendant admission of guilt to a defense attorney doesn't necessarily mean that the case won't—or shouldn't—go to trial. For example, a defense attorney might advise a "guilty" client to go to trial because: the police or prosecution violated the client's rights—for instance, through an improperly suggestive lineup.

What is the best strategy for someone facing criminal charges?

The best strategy for someone facing criminal charges is to follow the lead of an experienced, trusted criminal defense lawyer, and no matter, to be truthful with that lawyer. An attorney who has your best interests in mind will advise you regarding the possibilities and your best course of action. Talk to a Lawyer.

Is the internet secure?

The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties. At some point, defendants and their attorneys inevitably discuss the facts underlying criminal charges. An attorney needs to know about the case in at least some detail.

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.

Do juries get it right?

While juries usually get it right, sometimes, it's not about whether a particular matter is emotional or simple, complicated or straightforward. Sometimes people make decisions on who has the nicer suit, or who is more pleasant to deal with. So even if your case is good or even if it's not so strong.

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.

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.

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.

Can a lawyer write a will?

For example, a lawyer may not be involved in writing a will for a client who leaves the lawyer substantial money or property in that will. Keeping Clients’ Property. If a lawyer is holding a client’s money or property, it must be kept safely and separately from the lawyer’s own funds and belongings.

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.

Can a lawyer represent two clients?

A lawyer must be loyal to his or her client. This means that a lawyer cannot represent two clients who are on opposite sides in the same or related lawsuits. And, ordinarily, there can be no representation of a client whose interests would conflict with the lawyer’s interests.

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.

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.

Do good lawyers always find every opportunity to keep a case from being decided by a judge?

“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. “If a lawyer suggests they want to try the case in front of a judge, you should definitely speak with another lawyer before proceeding,”

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.”

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.

What to do if your lawyer doesn't work?

If that doesn't work, as a last resort you may need to sue your lawyer in small claims court, asking the court for money to compensate you for what you've spent on redoing work in the file or trying to get the file.

What to do if you are not satisfied with your lawyer?

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.

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 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 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:

Can you sue for legal malpractice?

If you want to sue for legal malpractice, do it as quickly as possible. 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.

Does the state bar reimburse clients?

But all states except Maine, New Mexico, and Tennessee do have funds from which they may reimburse clients whose attorneys stole from them.

image

Provide A Written History of Your Marriage.

  • It’s helpful for your attorney to have a written statement outlining the important facts in your marriage, including how you met your spouse, when you married, the names and ages of your children, your education, where you work, critical events in your marriage, what you think caus…
See more on collaborativedivorcetexas.com

Share Sensitive information.

  • You probably don’t want to tell your attorney you are having an affair or physically abusing your spouse or children, but it’s critical that your attorney knows about these difficult facts so he or she can be properly prepared to defend you if they come up in the course of your divorce. During the discovery process, if you opt for a litigated divorce, these facts are likely to come up and in a coll…
See more on collaborativedivorcetexas.com

Issues to Discuss.

  • There are a number of important issues you will need to discuss with your attorney during the first meeting, including child custody, child support, spousal support, division of the marital estate, any separate property claims, community debts, and your expectations about the likely outcome of the case. You will want to discuss sole or joint custody of the children, standard visitation or shared …
See more on collaborativedivorcetexas.com

Things Not to say.

  • Finally, there are some things you should not say to your prospective attorney, such as “I don’t care about costs because I want to punish my spouse, I want to bring a friend with me to our meeting, I need to get this over with as soon as possible because I want to remarry, or I will never pay child support to my ex-spouse.” Telling a lawyer you don’t care about costs may double your …
See more on collaborativedivorcetexas.com

Lack of Communication

  • When you hire a lawyer, you’re bound to have questions about your case. A good lawyer should always communicate what’s going on with your case, whether it’s about next steps or whose working on it. If you can’t seem to get a hold of your lawyer, especially after many phone calls and messages, that’s a bad sign. While lawyers get busy with other cases, they should always put th…
See more on halt.org

Lack of Enthusiasm

  • One of the biggest parts about being a lawyer is convincing the jury to go in your favor. If your attorney isn’t enthusiastic about your case or seems unsure, that should raise some red flags. But, another bad sign to watch out for is if they seem overconfident. While it’s good to be enthusiastic about a case outcome, their job is to be realistic and prepare you for any scenario which can occ…
See more on halt.org

Unclear Billing

  • We mentioned it earlier and we’ll say it again – lawyers aren’t cheap. It’s not always their fault, it’s just the price of the service. But, if you hire a lawyer and you’re seeing excessive or overbilling charges, something’s wrong. If you lawyer is overbilling you, they could be inflating a task time, also know as “padding time”.
See more on halt.org

Unethical/Illegal Behavior

  • Although some lawyers may have bad habits such as lack of communication, one of the biggest signs of a lawyer is if they practice unethically or even illegally. As important as it is to win your case, your lawyer should never do so by breaking the law or lying and he is a bad lawyer. Getting caught will not only look bad for your case, but both you and your lawyer could get charged with …
See more on halt.org

No Compassion/Empathy

  • Just as important as it is for your lawyer to get the job done, it’s equally as important for them to empathize with you and understand what you’re going through. Whether it’s a divorce caseor a personal injury case, showing no compassion or empathy is a definite sign of a bad lawyer. The better they understand and empathize with you, the better they’ll be able to communicate that pa…
See more on halt.org

Signs of Respect

  • Like any job, some lawyers start out on the bottom and need to work their way to the top. Despite what online reviews say, if you notice a lack of respect for your lawyer in the courtroom or by other peers, it’s a red flag. Your lawyer needs to be respected and taken seriously, especially if your case goes to trial. If you don’t see a sign of respect from other peers, neither will the jury. Take the hin…
See more on halt.org