Here’s Advice on Working With a Lawyer

Using a lawyer is not an every day experience for most people. It often occurs in time of stress--criminal charges, a death in the family, a bankruptcy or a financial crisis--and lawyers can easily intimidate their clients with their jargon, their unfamiliar rituals in the courtroom and their educational credentials.

In fact, we frequently receive letters from readers who are having trouble dealing with their lawyers. The National Resource Center for Consumers of Legal Services, based near Washington (P.O. Box 340, Gloucester, Va. 23061) has written an excellent article, which we are reprinting here today, with some good advice about how to work well with your lawyer:

Do you know what to expect when you hire a lawyer? Most of us don’t, for the simple reason that we have little experience with lawyers. Only a third of us have used one more than once.

Do you anticipate hassles, intimidation and unpleasant surprises? Unfortunately, many of us do, even members of legal services plans, and that sometimes keeps us from getting the help we need when we need it.

Do you trust your lawyer? Trust is essential to a successful relationship. Here are five keys to building trust, avoiding surprises and achieving your objective:

* Seek help early. By the time it occurs to you that legal advice may be needed, it probably is. The earlier you seek help, the more options you and your lawyer will have and the greater your chances of circumventing the difficulty altogether or nipping the problem in the bud and minimizing your bill. Preventive law works. It’s what most lawyers for businesses spend their time doing. It’s what legal services plans are best at. It’s what lawyers and smart clients prefer.

* Trust your judgment. You may have little or no experience evaluating lawyers, but you have plenty of experience evaluating people, products and services. Use it. Don’t retain a lawyer you don’t feel comfortable with. Don’t agree to a course of action you feel uneasy about or don’t understand. Don’t agree to fees you don’t think are competitive or sign a fee agreement you haven’t read.

Retaining a lawyer is not very different from hiring a plumber or buying a car. Whatever your experience with plumbing, cars or the law, you can never be absolutely sure that you’re making the best decision. There’s at least a small chance that the plumber or lawyer will botch the job or overcharge, or that the car will be a lemon. You shop as best you can, trust your judgment and hope for the best. Usually things work out fine. Don’t underestimate your ability to find the right lawyer. Think carefully, pay attention to your feelings and trust yourself.

* Establish clear ground rules. A good relationship with your lawyer depends on good communication and a firm understanding of your respective needs and responsibilities. Nothing breeds misunderstandings better than assumptions about expectations, motives, timetables and fees. Be clear about what you want and how you expect to be treated. Ask questions and listen to the answers. Your lawyer should listen carefully to you and ask relevant questions before proposing a course of action. He or she should explain options clearly, offer support for recommendations and establish a timetable.

Both you and your lawyer should want a written fee agreement. Be sure to get one. Read it, understand it and demand that it be clear and complete.

What level of communication do you require? Some people want yes or no answers; most want fuller explanations. Some clients want their lawyers to do everything and inform them when it’s done; more prefer close communication. Be sure to discuss what level of contact you want. Lawyers are increasingly being urged to send clients copies of every document pertaining to their cases and to send monthly status reports regardless of whether anything has happened. It may cost a bit more, but it’s usually worth it.

* Give some space. You hire your lawyer; he or she works for you, and you may discharge an attorney at any time. You or your plan is paying him to do a job for you. He should not make any important decisions in your case without discussing them with you. He or she should return your calls promptly. Don’t let your lawyer intimidate you.

At the same time, remember that your lawyer is the expert. You hired her because you need expert help and respect her judgment. So let her do the job. Unnecessary calls will only add to your bill.

* Speak up when things aren’t right. Lawyers aren’t mind readers. If you’re not being treated the way you want, if the case isn’t going the way you expected, if nothing seems to be happening, if you don’t understand what is happening, speak up. Then listen to the response.