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Who gets the best legal help and representation

10/3/2008

2 Comments

 

As any attorney becomes more successful in his practice, he or she becomes inevitably more picky  - and not only about the cases and the legal issues they are willing to work on, but also about the people that they are willing to represent. The practice of law and especially litigation is naturally stressful enough, especially in large cities such as San Francisco, where attorneys have a higher overhead and have less time and patience to deal with "problem" clients.

The more experienced attorneys have a better sense of who they are dealing, and what kind of client a person will be during the initial consultation  - whether by phone or in person. These more seasoned lawyers are familiar with the obvious and not so obvious "red flags" in potential clients. 

Thus, any person who has a serious legal issue which requires legal representation should make sure that he comes across as a "quality" client - the client that best and hence - the pickiest lawyers want to represent. Here are a few suggestions on how you can come across as a person that every lawyer wants to represent: 

(a) You are not excessively verbose - no matter how unique and emotional you think your case or legal issue is, be assured that the lawyer who you are speaking with has heard your kind of story more than once, and has likely handled a similar case not so long ago. Remember - the lawyer is a human being with his own feelings and emotions, but he is not your therapist. He is busy, his mind is racing through various legal theories of how he can help you, and he is probably thinking about his next meeting, so burdening the lawyer with the "background" information will not make your case stronger or the lawyer's representation better. Ironically, the less emotional pain you show in your case, the more respect, sympathy and compassion you will receive from your attorney. 

(b) You have unreasonable expectations - every now and then a potential client will call me and will tell me that he has a million dollar case. When I ask how they know that, they would tell me that their friends told them that or their neighbor had a similar case. When I hear this, I have to consciously prevent myself from saying: "Well, why don't you have your neighbor / friend handle this case for you?" Every experienced lawyer knows that a client who has unreasonable expectations will never be satisfied with the legal services he receives. Few things are more frustrating to a hard working attorney than hearing "Is that all I get?" after doing his best to fight/negotiate a settlement in an injury, employment, business or other case. So, let the attorney determine the value of your case instead of relying on the questionable opinions of people whose exposure to legal system is very limited. 

(c) You say that your case is not about money but about justice - let's be completely honest and face the truth - every civil dispute  - whether it's a personal injury claim, discrimination or harassment case or business claim  - is about money because money is the only remedy that you can receive. Engaging in litigation is first and foremost a business decision for both - the lawyer and the client, and therefore it should be treated as such. You must remember and be ready to hear from a lawyer that in light of all the facts and circumstances of your claim, it is not worth the time and the expense that it would take to take it to court and litigate. I believe that one of my most important jobs is not only fighting for the rights of employees injured persons but also advising people with full honesty whether in my opinion the fight is worth going after. It is important to remember that the inherent stress of litigation must have significant potential rewards to be worthwhile.

2 Comments
Emergency spousal support california link
9/22/2022 02:21:15 pm

Engaging in litigation is first and foremost a business decision for both the lawyer and the client, and therefore it should be treated as such. Thank you for sharing your great post!

Reply
Divorce lawyer irvine ca link
9/22/2022 02:31:36 pm

So let the attorney determine the value of your case instead of relying on the questionable opinions of people whose exposure to legal system is very limited. Thank you for the beautiful post!

Reply



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  • Home
  • Employment Law
    • Wrongful Termination >
      • At-Will Employment
      • Termination After Unfair Warnings and Write-Ups
      • Union Grievance, Workers Comp and Wrongful Termination
      • Labor Code 970 Claims
      • Promissory Estoppel and Employment Contracts
      • Implied Contract Claims
    • Discrimination >
      • Proving Discrimination
      • Age Discrimination
      • Disability Discrimination >
        • Protected Disabilities
        • Medical Leave / Disability Accommodations
        • Job Reassignment As A Disability Accommodation
        • SSI Disability Benefits and Your Court Case
        • Sample Request for Reasonable Accommodation
      • Pregnancy Discrimination
      • Race Discrimination
      • Sample Discrimination Complaint
      • DFEH and EEOC Investigations
    • Retaliation >
      • How to Prove Retaliation
      • Dealing with Retaliation While Still Employed
      • Retaliation for Complaining
      • Whistleblower Retaliation
    • Harassment
    • Defamation at Workplace
    • Prof. License Defense
    • Leaves of Absence >
      • Medical Leave as Reasonable Accommodation
      • FMLA Entitlement and Reinstatement to Work
      • CFRA Leave
      • Employers' FMLA Notice Obligations
      • Paternity Leave (FMLA)
      • Sample FMLA Leave Request
    • Wages / Overtime Claims >
      • Wage Claims
      • Employee or Contractor
      • Exempt / Non-Exempt >
        • Admistrative Exemption
        • IT Support Specialists Compensation
        • Computer Professional Exemption from Overtime
        • Recruiters / Account Executives Exemption
        • Complaining About Being Misclassified
      • Vacation Pay / PTO
      • On-Call Time Compensation
      • Deductions fr. Commissions
    • Unempl. Benefits Appeals >
      • Tips for EDD Phone Interview
      • Unemployment Benefits Appeal Hearing Representation
      • CUIAB Hearing Tips
    • Employment Law Blog
    • For Employers
  • Personal Injury
    • Five Tips For Injury Cases
    • Slip-and-Fall Injuries
    • Assault and Battery
    • Recorded Statements
    • Repairing Your Vehicle
    • Unpaid Medical Bills
    • Injury Law Blog
    • Medical Malpractice
    • Police Excessive Force
  • Practice Areas
  • About
  • Results
  • Submit Case
  • Contact
  • Resources
    • Consultations
    • Workplace Rights Checklist
    • Deposition Tips
    • Mediation Tips
    • Effective Mediator
    • Suing Current Employer
    • Severance Agreements
    • Workplace Investigation
    • Arbitration
    • Statutes of Limitations
    • Healthy Litigation Mindset
    • Trial Tips
    • Working Remotely
    • How To Find The Right Lawyer For Your Case