Navigating the legal system can be a daunting task for anyone, but especially those who have never done it before. Oftentimes individuals will blindly follow their attorney without ever having a conversation about their goals.
If you’ve heard one lawyer joke, you’ve heard them all. We carry a hard-earned, but not entirely accurate, stigma. Lawyers are often thought of as legal technicians who are trained to know the ins and outs of their specific area of law but lack the skills and empathy to communicate with their clients. Think, “Just the facts, ma’am.” It doesn’t matter if we work as a solo practitioner or in a New York City megafirm, when a client’s wishes aren’t clearly communicated, attorneys will simply do what they’d been trained to do after law school.
Bill.
But I want to let you all in on a little secret: law school does little in the way of teaching a lawyer how to actually practice law.
The truth is that lawyers, at our core, are taught to be issue spotters and problem solvers. We are expected to approach problems with a practical, logical mindset that seeks to achieve the best outcome for our clients. Most importantly, we operate on the conditions and wishes our clients give us.
While lawyers sometimes speak in legal jargon or approach legal problems in a seemingly impersonal way, it doesn’t mean we are all incapable of engaging in intelligent, empathetic conversations with their clients. In fact, by understanding how lawyers are trained and approaching conversations with them in a strategic way, clients can have a productive and satisfying experience working with their attorney.
In this blog post, I'll provide tips on how to have a productive conversation with your potential attorney. By following these steps, you can build a strong working relationship with your legal counsel and achieve the best possible outcome for your matter.
Preparing for the Conversation
Before meeting with your attorney, it's important to have a clear idea of what you hope to achieve. This could involve making a list of questions or concerns, gathering relevant documents and information, and setting expectations for the conversation. By being prepared, you can make the most of your time with your attorney and ensure that all necessary information is covered.
It can be tempting to approach the meeting casually or unprepared, but doing so can lead to a frustrating and unproductive experience. Instead, take the time to think about what you hope to achieve by consulting with your attorney. Perhaps you want to create an estate plan, start a business, or resolve a legal dispute. Whatever the case may be, it's important to have a clear idea of your objectives so that your attorney can help you achieve them.
One way to prepare for the conversation is to make a list of questions or concerns you want to address. This list can help you stay focused during the conversation and ensure that all of your questions are answered. In addition, gathering all relevant documents and information beforehand can save time and avoid confusion. This might include financial statements, contracts, deeds, or any other materials you believe might be related to your case.
It's also important to set expectations for the conversation. Consider the topics you want to discuss, the length of the meeting, and the desired outcome. When in doubt, reach out to your attorney prior to the meeting and ask how the attorney expects the meeting to be conducted. This can help your attorney prepare for the meeting and make the most of the time you have together. By being prepared and organized, you can help ensure that your conversation with your attorney is productive and successful.
Communicating with Your Attorney
During your conversation, it's important to be honest, clear, and concise when expressing your thoughts and concerns. By providing your attorney with a full picture of your situation, they can better assess your legal needs and provide appropriate guidance. This requires a level of trust and understanding that any information shared during the conversation is confidential. Your discussions with your attorney, under most circumstances, are protected by attorney-client privilege, which should be explained by your attorney, so it is imperative your attorney knows the good, bad, and ugly.
Active listening is also an important component of effective communication. Your attorney will likely have a lot of questions to ask you in order to fully understand your situation. Be sure to listen carefully to their questions, and answer the questions directly. Avoid going off on tangents or providing extraneous information that may confuse or distract your attorney. If your attorney needs more information about a subject, they will ask. If you find yourself struggling to articulate your thoughts or concerns, it may be helpful to prepare some notes or talking points ahead of time. This can help ensure that you cover all necessary information and stay on topic.
Don't hesitate to ask your attorney for clarification on any legal concepts or terminology that you don't understand. A good attorney will be patient and willing to explain things in plain language.
Finally, it's important to ensure that your attorney is engaged and fully present during the conversation. If you feel like your attorney is distracted or disinterested, don't be afraid to politely bring this to their attention. A good attorney will understand the importance of being fully focused during client interactions and will strive to give you their undivided attention.
Understanding the Legal Process
In order to fully comprehend the legal issues in your case, it is crucial to have a clear understanding of legal jargon and processes. Your attorney can help you understand the legal concepts or terms that are unfamiliar to you. Don't hesitate to ask your attorney to break down legal concepts and provide you with clear explanations to avoid any misunderstandings. Additionally, understanding the potential outcomes of your case is critical in making informed decisions. Your attorney should be able to provide you with a range of possible outcomes and help you assess the risks and benefits of each option. Knowing the possible outcomes will allow you to set realistic expectations and prepare accordingly.
Moreover, your attorney can provide information on alternative dispute resolution methods, such as mediation. These methods can often be faster and less expensive than going to trial, and they can also provide a more collaborative approach to resolving conflicts. Your attorney can help you understand the pros and cons of each method and assist you in selecting the best option for your particular situation.
Following Up After the Conversation
After your conversation with your attorney, take the time to review any notes or materials provided. If necessary, schedule any follow-up conversations or appointments to ensure that your needs are being met. Reflect on any decisions or action items discussed, and don't hesitate to reach out to your attorney if you have any additional questions or concerns.
The Engagement Letter
Once you have decided to work with a particular attorney, it's important to establish the terms of your engagement through an engagement letter. This document outlines the scope of the attorney-client relationship, including the services to be provided, the fees and expenses associated with those services, and the expected timeline for completion. It's important to read the engagement letter carefully and ask any questions you may have before signing.
When reviewing the engagement letter, pay close attention to the scope of services being offered. Make sure the letter accurately reflects your expectations and needs, and that it includes any additional services you may require. The engagement letter should also clearly state the attorney's fees and expenses, including hourly rates, retainer fees, and any other charges associated with the legal work being performed.
If you have any questions or concerns about the engagement letter, don't be afraid to ask your attorney for clarification. They should be able to explain any terms or provisions that you find confusing or unclear. Remember, the engagement letter is a legally binding contract that sets the terms of your attorney-client relationship, so it's important to make sure you understand all of its terms before signing. It's also important to keep a copy of the signed engagement letter for your records. This will serve as a reference point in case there are any disputes or misunderstandings in the future.
When the Attorney You Meet Isn’t the Attorney for You
Remember: you're not obligated to work with the first attorney you meet. In some cases, you may feel that the attorney you've met with isn't the right fit for you. This can happen for a variety of reasons, such as differences in communication styles or a lack of confidence in the attorney's abilities. Whatever the reason may be, it's important to know what to do if you find yourself in this situation.
First and foremost, it's important to trust your instincts. If you don't feel comfortable with the attorney you've met with or don't believe they are the right fit for your case, it's perfectly acceptable to seek out other options. You are under no obligation to work with the attorney you've met with during the consultation. You should feel empowered to take the time to find an attorney that you feel confident in and can trust to represent your best interests.
If you do decide to look for a different attorney, be sure to do your research. Look for attorneys who specialize in the area of law that your case falls under and read reviews and testimonials from past clients. You can also ask for referrals from friends or family members who have worked with attorneys in the past. Once you have a few potential attorneys in mind, schedule consultations with them to get a better sense of their communication style, approach to your case, and overall fit for your needs. Remember, finding the right attorney for your case is an important decision and one that should be made with care and consideration.
Conclusion
By following these steps, you can ensure that you are having an intelligent conversation with your attorney. Remember that your attorney is there to provide guidance and support, and communication is key to a successful outcome. With a clear understanding of your goals and needs, you can work together with your attorney to achieve the best possible outcome for your case.