Working on Clear Terms With Lawyer
It’s not nearly as tantalizing as the question: “What do you say to a naked lady?” but it’s probably much more important to figure out: What should you say to your lawyer?
Even lawyers will admit that dealing with other lawyers isn’t easy, so it is certainly understandable that clients often do not know what to say to their lawyers. They don’t know what questions to ask or what answers to give.
The first and perhaps most obvious advice is to be honest. If you have a problem, especially if it involves criminal charges, but even when it is a dispute with a neighbor, tell your lawyer the whole truth and nothing but the truth.
Your confidential communications with your lawyer are usually privileged from forced disclosure, and the lawyer has an ethical obligation to keep them secret, so don’t try to gloss over the negative aspects of your story. If the lawyer is not getting the complete factual picture, you won’t get the full legal picture.
Be demanding. Make the lawyer realize that you will be an informed client. Demand explanations of legal issues in terms you can understand. Don’t let the lawyer handle your legal problem without keeping you informed of what is happening. That means you must tell him to send you copies of all important documents he receives or prepares. In fact, it’s often a good idea to ask for copies of every piece of paper that crosses his desk about your case.
Some lawyers mistakenly assume that their clients don’t want to see this material or won’t understand it.
Figure out what you want from your lawyer before you talk. A lawyer’s time is expensive, so be prepared to use the time wisely. That doesn’t mean that you must know exactly what you expect the lawyer to do for you before you arrive. That’s the lawyer’s job. You explain the facts, the problem or the underlying dispute. Then see what creative ideas the lawyer can come up with.
It’s not a bad idea to end your summary of the problem--as you see it--with an open-ended question, such as, “What can you do for me?” That doesn’t mean you should authorize an open-ended research project that can cost you an arm and a leg. But try to get the lawyer to brainstorm a bit and come up with a variety of remedies before the research begins.
If you talk to enough different lawyers, you’ll realize that the law is not cut and dried at all but is actually very creative.
Different lawyers will have different approaches. Some will want to file a lawsuit immediately. Some will want to negotiate. An expert may realize you have rights you can pursue with a government agency that another lawyer will forget.
Other general topics you should always discuss with your lawyer are fees, the chance of success and the length of time your case will take to complete. Find out how much time and effort will be required of you to assist your counsel.
The answers to your questions on these issues will often be rough estimates, but you should keep asking the questions. Legal Brief
In a recent column, I summarized a state law that allows you to ask the court for a 10% per year change in child-support payments without retaining a lawyer. Some readers wrote to say the “simplified” law was not that simple, that they couldn’t understand the forms. On April 19, Laura S. Rycraw, an Orange County lawyer, is conducting a do-it-yourself, three-hour workshop at Orange Coast College on “Changing Child Support Without an Attorney.” The fee for the seminar is $45. For registration information, call (714) 432-5880.