Lawyer And Client Must Work Together
Sometimes the most valuable advice a lawyer can give is that the client is wrong. Think about that. Lawyers are not in the service industry. We are not here to make clients happy. We are here, first to tell our clients the truth. And second, to try to help our clients protect or pursue their legal rights. Maybe seek justice along the way. But not, not, not, just to tell clients what they want to hear.
Often lawyers give advice based on the technical aspects of the law: “Do this, because the legal issues require it”. We give advice based on strategy or tactics in the case. We give advice based on ethical rules we live by: “No, telling a lie would not help”. We give advice based on cost versus benefit: “Yes, you will win, but it’ll cost more than you’re suing for“. Usually the client is unable to assess the validity of the advice.
Only a fool buys a dog, and barks himself.
So, it comes down to trust. The client needs to find a lawyer they trust. Get references from people you know. But not: “Bill is a really nice guy, he handled my mortgage, he’ll be just fine for your divorce / car crash / wrongful dismissal”. No one wants a podiatrist for heart surgery – nor a heart surgeon for foot problems…. Meet the lawyer. The “click” is important. Is this someone you can tell things to? Things even your spouse doesn’t know? Does the lawyer seem to know what s/he is talking about – and knows it well enough to explain it simply?
Most important: Has the lawyer got actual experience doing this? Not had similar cases, but has the lawyer taken them to trial and won? Ask the lawyer, straight up: “How many cases like this have you done?” Search for information about your lawyer. There are free lawsuit databases, reporting decisions (e.g., http://www.canlii.org/en/). Mr. Google is your friend. Check the lawyer’s website — there may be references to cases the lawyer has done (like we have!). Don’t expect your lawyer to have won every case. Sometimes the best “victory” is to retrieve a little from the catastophe. If a lawyer says s/he “never goes to trial — we work towards settling” — run away! That lawyer always does… So should you, from the lawyer. Think armies: If you had to go to war, would you pick the army with the pretty uniforms who has been in many wars, and surrendered every time? You know, the army whose tanks only go in reverse? Or the hard-bitten, scruffy, calm army which has been to battle and come through it? And had the courage to go back into the fray? Strong lawyers can settle cases well. Weak lawyers can’t – because the other side knows weaklings always buckle at the last minute. Strong lawyers give their clients confidence, and thus make it easier to follow the lawyers’ advice.
Once you pick your lawyer: Follow their advice. Don’t like the advice? Ask for a better explanation. Be willing to pay for that time, if necessary. Still disagree? Follow it anyway. Or fire the lawyer. If you are working at cross purposes to your lawyer, you will always lose. In a three-legged race, the victors are the team which worked best together — not the team where each racer is trying to go a different direction.