Objection Your Honor! My client is out of order.
Everyone loves a courtroom drama, until they find themselves in one. The mere thought of facing a legal battle — and possibly having to go to court — intimidates even the bravest of people. The extremely formal language used, receiving documents from a sheriff, the scary judge in black robes looking down from the bench… it is enough to send anyone into a panic.
A legal battle is never a fun experience, sometimes not even for attorneys. A quick resolution is usually the preferred outcome so that all parties involved can move on with their lives. Believe it or not, even attorneys strive to have a matter resolved quickly. If a matter is dragged out over a long time it increases the chances of a mistake occurring, or of the client not being able to afford the legal costs anymore. The goal of a quick resolution is often hindered by the very client an attorney is trying to assist. Ask any attorney if they’ve ever had a bad client and most of them can talk for days! It is an all too common an occurrence that attorneys have to fight just as hard with their clients as they have to against the opposing side.
Being a problematic client can — and very often does — have a detrimental impact on your case. Attorneys have enough on their plates navigating the legal minefield and dealing with opposing counsel; that having to deal with unnecessary issues from their clients can only have a negative impact on the matters at hand.
Ironically it is easily avoidable for clients to become a problem to their attorneys. Simply by remembering a few key points, the legal battle you are in will go a lot smoother.
1. Don’t mistake a Google search for a law degree.
It is completely understandable that you want to stay on top of what is happening with your case. However, a quick search on the internet is not going to give you all the details. There are intricacies in every legal system that you cannot find on the internet. Attorneys know the tricks of the trade and what would be the best way to proceed. By constantly throwing an internet search in their face, you are wasting time and causing unnecessary problems.
2. Trust me, I’m a lawyer.
Let’s face it, hiring an attorney is not the cheapest thing in the world. So why would you hire an attorney and not listen to them? It is baffling how often a problem could have been avoided if the person simply listened to their attorney. “But it didn’t feel like the right thing to do…” Unfortunately the legal system is based on law, not feelings. If you are sure of what the correct course of action is it is within your rights to represent yourself. Hiring an attorney and not listening to them is a waste of money and time, and can land you in more trouble later on. “A lawyer’s time and advice are his stock in trade.” — Abraham Lincoln.
3. Be honest
People feel ashamed and embarrassed and would try anything to paint themselves in a more favorable light. That is fine when you are at a dinner party talking to friends, NOT when you are consulting with an attorney. Attorneys are bound by attorney-client privilege and cannot divulge anything a client tells them. This is needed so that the attorney can properly prepare for the case. Hiding things from your attorney is a recipe for disaster, as those lies tend to come out at the worst possible moment.
4. We have all the time in the world
No, you actually do not! There are very few people as good at watching time as an attorney. If a summons stipulates seven working days, you best believe the attorney — or paralegal — is counting down the minutes to the last of those seven days. Why? Because if that time expires the attorney has a right to proceed and force the other party’s hand. This is not a position you want to be in. Do not wait until the last minute to consult an attorney, or to provide them with information they requested. It will be impossible for them to properly prepare a response, and it is more than likely mistakes will be made.
5. No hounding please!
Since we are on the topic of time. Legal processes or set out in great detail and are expected to be followed — to the letter! Which means that if a document states seven working days, then it means seven working days. It may seem that your attorney is not doing anything, but the fact is they are not allowed to proceed until the period stated has elapsed. So calling every second day — or calling over a weekend — will NOT make your case go quicker, it will merely annoy the attorney and frustrate you. You might want to keep in mind that the attorney may charge for taking your calls…
6. Principles are expensive
We all should have principles that we live by. It does not always mean that we should defend those principles in court. You may feel that you have been wronged and deserve to be compensated, or deserve justice. The fact is, sometimes pursuing a case ‘out of principle’ will cost you more money than it was actually worth. Taking a settlement or accepting an apology is often the best course of action.
7. Pay your bills
“What am I paying you for?” A question every attorney has heard at least once in their lives, or once a week. If you do not intend to pay an attorney for the work they do it is better to not hire one in the first place. Not paying an attorney can prove to be an even bigger problem than the one you just hired them to handle. Do you really want to go to court against the person that just solved your problems? And do you think another attorney will take the matter if they hear you did not pay the first attorney?
As said before, getting into a legal dispute can be intimidating and scary. Do not make it worse by causing problems for the person that is actually trying to help you. A lot of jokes and perceptions exist about attorneys, but the truth is that most attorneys take their jobs very serious and only want what is best for their clients.
“True, we (lawyers) build no bridges. We raise no towers. We construct no engines. We paint no pictures — unless as amateurs for our principal amusement. There is little of all that we do which the eye of man can see. But we smooth out difficulties; we relieve stress; we correct mistakes; we take up other men’s burdens and by our efforts we make possible the peaceful life of men in a peaceful state.” — John W Davis.
