Talking with a lawyer can be tough and I don’t just mean in the social sense. In the world of careers, lawyers along with doctors are generally considered the elite fields. So much so that for some people it can feel a little intimidating to speak to one. The general perception is that they know what they’re talking about because of their level of education and the highly specialized and intricate nature of their profession, and that therefore it can feel a little awkward to question their abilities and advice.
If any of you reading this feel this way, I can’t tell you how wrong you are. Despite their level of education, lawyers are in a service industry and they are supposed to be there to help you with your legal problem and ensure you are both on the same wavelength. Questioning their methods should come naturally with hiring one and you should always feel comfortable doing so (though as I’m still frightened to question doctors, I don’t know if I can extend such advice about them).
In all seriousness, people can forget that when they’re hiring an attorney to represent them or to give them legal advice, the attorney is there for the client and not the other way around. Like a service purchase, when you’re employing someone to assist you, you want to make sure both of you mesh well together. Being able to communicate freely and openly is the cornerstone of any service relationship. I mean, you probably wouldn’t feel strange asking a contractor about his past work experience to determine if he’s skilled at his trade, so why would you feel old when it’s a lawyer?
When people are face with unfamiliar legal problems, they can sometimes lose sight of their own competence and rely too much on their legal counsel advice without stopping to consider what they want to get out their legal issue. For those of you who can relate with this sentiment, here are some questions you should ask yourself when picking an attorney.
1) Do you really need an attorney?
This is the first question you should always ask yourself. Does your situation actually warrant the use of an attorney? Is it important or immediate enough? Legal problems of any sort can feel daunting to the layman, however not all of them may require an attorney to assist you through it. Issues like trying to get a client to pay their bills or a landlord who is not honoring their contract with you can seem like a legal nightmare to deal with, but many times they simply aren’t. Small legal issues can often be dealt either through in-person meetings or, if need be, via your local small claims court. The reason why this question is an important one to ask is because it allows you to really assess your issue, while also reaffirming and reassessing your own independent competency in solving your own problems.
2) Can you communicate with your attorney openly?
This is another really important question. It’s one that goes beyond just being able to make small talk and being cordial with one another. What it really tests is whether or not your attorney is open to hearing your opinions, suggestions, and wants. Don’t forget, it’s your life on the line that your attorney has in his or her hands – you should have a say in it. If your attorney isn’t able or willing to listen to what you want to do regarding your litigation or can tolerate your criticisms, than chances are, that lawyer you hired isn’t the right match for you.
3) Can you afford to hire a private attorney?
This may sound like a no-brainer, but you’d be surprised at what a scared person can do in an unfamiliar situation. Always, always remember to take into account whether you have the money to pay for an attorney to handle you legal problem – because even some of the wealthiest people have trouble paying off attorney fees. Also, don’t forget to ask how the lawyer is billing you and to explain how his or her fee system works.
4) Is your attorney qualified to handle your case and does he have a clean record?
You wouldn’t hire a farmer to be your personal chef, right? Because even though a farmer may be knowledgeable about growing food, that doesn’t necessarily mean he knows how to cook it. Similarly, even though lawyers all are in the field of practicing law, there are specialties within the legal field. If you have a real estate problem, you’d probably want a real estate attorney; if you’re on trial for murder, you’d likely want to hire a criminal defense lawyer, and so on. Also don’t forget to check your lawyer’s professional record to ensure its blemish free by going on the America Bar Association’s website or your local state bar’s website. Even though a poor professional record may not necessarily mean your lawyer is bad, at the very least you should be aware of any such indiscretions.
5) Remember that you can fire your lawyer.
Another no-brainer, but again you’d be surprised how many can forget this. If it’s not working out with your attorney, then fire him or her and get one you like more. One caveat to this though: be sure to check the contract you signed to hire your attorney first to ensure you won’t be charged for firing them. Like in every situation where you enter into a contract, terms can be drafted to allow some really strange things to happen.
Remember, in the words of Captain Planet, the power is yours.