Tips for Helping Your
Lawyer Help You
As in
any successful relationship, a good lawyer/client relationship
involves cooperation on both sides. As a client, you should
do all you can to make sure you get the best possible legal
help. To do so, you must hold up your end of the responsibilities.
Below are ten common sense steps to establishing a successful
relationship with your lawyer.
1.
Give your lawyer the complete story.
Your lawyer
needs information to represent your interests successfully. Every
fact and detail could be critical to your case. Once your lawyer
knows all the facts and details from you, he or she will determine
which information is the most important. Facts which may not
seem important to you may have serious legal consequences.
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2.
Prepare for phone calls and meetings.
Get organized
before you talk with or visit your lawyer. Prepare a written
summary or detailed notes outlining your problem or questions;
write down the names, addresses and phone numbers of all persons
involved; bring papers relating to the case to your first interview.
Be prompt for all appointments, since an attorney's time is your
money.
Be as
brief as possible in all interviews with your lawyer, and stick
to business. At the rate you are charged for calls and conferences,
socializing is expensive. Your legal matters are what is of
interest to you and you attorney. You lawyer will appreciate
it if you are prepared for meetings, and you will save money.
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3.
Keep your lawyers informed.
Tell your
lawyer immediately of changes or new information that might affect
your case. It might mean that the lawyer will have to take a
totally different action -- or no action at all -- in your case.
This could greatly affect your lawyer's fee. If your lawyer asks
you to gather information about you case, do so promptly. Make
or ask for a checklist of what you need to do and when, then
make sure you get the things done. You will need to let your
lawyer know how he or she can keep in touch with you. If you
have a change of address, phone number, or place of employment,
let your lawyer know right away. Be sure to give your lawyer
any new documents you receive that may be relevant to your case.
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4.
Ask your lawyer questions.
We live
in a complex society with a complex legal system. If you have
any questions or are confused about something in your case, ask
your lawyer for an explanation. In order for your lawyer to serve
you effectively, you must understand all aspects of your case
and the legal process. This may go a long way toward putting
your mind at ease -- and will help your lawyer do a better job
of handling your case.
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5.
Trust your lawyer.
Be prepared
to make full and honest disclosure of everything about your problem,
including facts which may be unfavorable or embarrassing to you.
Only if you are completely candid from the start can the lawyer
advise you properly. Strict rules require that the lawyer keep
information about your case confidential, unless you admit to
ongoing or planned criminal activity.
If you
are concerned about confidentiality, tell your lawyer and discuss
your expectations. Talking about it will help all parties feel
more at ease and can help reassure you of your lawyer's commitment
to confidentiality.
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6.
Talk about fees and money at the first visit.
Your lawyer
should be prepared to talk about fees at your first meeting.
Often a lawyer cannot tell you exactly what the charge will be
because it is difficult to estimate how much work is going to
be involved. But lawyers can usually estimate the minimum and
maximum limits of the fee for that particular work, or give you
some idea of the problems involved and the time that will be
required.
In some
cases fees are charged on an hourly basis or as a flat fee,
and in some cases you will not pay any fees unless there is
a recovery. In most cases, you will also have to pay for any
expenses incurred (for example, filing fees or copying costs)
on your case. You can and should negotiate fees and discuss
payment plans with your attorney. Get your agreement in writing
and keep a copy for your records. Most fee disputes arise when
there is no written agreement.
Remember
that a client has the duty to promptly pay a fair and reasonable
price for legal services. In fact, when a client fails to pay
in some situations, the lawyer may have the right to stop working
further on the case. Still, the lawyer must do whatever is
reasonably possible to make sure that the client's case is
not harmed.
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7.
Agree on a reporting procedure.
Your lawyer
should report to you regularly on the progress of your case.
Discuss how frequently you will be informed about your case and
by what method, telephone or letter. Remember, your lawyer is
working for you. If you have any questions about your case, don't
hesitate to call your lawyer. But remember that you are paying
for your lawyer's time. It is usually more cost-effective to
ask several questions at a time, rather than calling each time
a question arises.
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8.
Know what you are signing.
Read any
document you sign. Before you sign, ask your lawyer to explain
fully anything you don't understand. Remember, what may be clear
and routine to your lawyer can be (and often is) confusing to
people without legal training. Ask if you have questions.
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9.
Keep your own case file.
Along with
the working contract or letter of agreement between you and your
lawyer, you should ask for and keep copies of all letters and
documents prepared on your behalf. This will help you understand
the progress being made on your case and assist you when you
talk to or meet with your lawyer.
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10.
Listen to your lawyer.
Give careful
consideration to what your lawyer advises. The lawyer's judgments
are based on experience and training. Don't waste your money
or your lawyer's time if you don't have confidence in his or
her special knowledge and skills. Remember, however, that lawyers
cannot work magic. No lawyer can be expected to win every case,
and the best legal advice may not be what you want to hear.
Your
lawyer is your advocate and this means that his or her advice
has your best legal interests at heart. After you have hired
a lawyer you trust, listen to the advice carefully.
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