Tips for Working With a Lawyer
By Susan Buckner, J.D. | Legally reviewed by Melissa Bender, Esq. | Last reviewed May 04, 2024
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Whether you're filing a lawsuit now or need an attorney on retainer, a good attorney-client relationship is critical for legal matters. There are as many types of lawyers as there are types of cases. Do you need someone to draft your legal documents, or are you facing a criminal case? Choosing an attorney requires planning and forethought.
After you've put that much care into finding an attorney, you should put the same effort into maintaining the relationship. When you have someone who can do your legal work, you want to keep them.
An attorney-client relationship should be a partnership. Your attorney cannot do the job without your cooperation and assistance. The attorney has the legal knowledge that you lack. Only together can you accomplish your goals. This article discusses the best way to work with your lawyer and keep your relationship on track.
Communicate
The No. 1 complaint from attorneys and clients is probably, "They don't listen to me." Clients often act as if attorneys are the opposing party. Attorneys take phone calls in the middle of meetings with other clients. There is room for improvement on both sides.
On your side, your attorney cannot move forward with your case without essential information from you. Tell your attorney everything, whether you believe it is relevant or not. Your attorney knows what is necessary for the litigation process.
At the same time, if you don't understand what your attorney needs or why they are requesting a particular item, ask. Civil litigation is complex, and legal professionals get used to the process. Don't be afraid to ask if you're confused about why your attorney needs certain documents.
Stay on Schedule
At the beginning of a civil case, your attorney will give you a list of dates and deadlines. In civil lawsuits, courts schedule stages of litigation far in advance. For instance, a trial date could be two years from the date you filed your complaint. This gives all parties time to complete and file pleadings.
That doesn't mean you can wait till the last minute. If your attorney asks you to get your medical records or complete some documents by a specific date, the court needs them by that date. Missing that date could mean delaying or even losing your case.
Keep Your Attorney Updated
Because lawsuits take a long time, things can change between the time you hire your attorney and the trial. Let your attorney know what they are. Don't surprise your attorney at the last minute by not appearing at a scheduled hearing or deposition. The court can reschedule hearings, but your attorney must ask the judge well in advance.
In the same way, if you cannot get the records or documents the attorney requested, let them know as soon as possible. There are legal processes for obtaining documents when you can't. They may take longer and cost more, so your attorney asks you to get them first. But if you cannot get the paperwork, your attorney usually has ways.
Be Honest
In some cases, you may think you should keep some things quiet. For instance, in a personal injury claim, you might think telling the attorney you had a couple of beers before your accident will hurt your case. The police never found out, and you were rear-ended at a traffic light, so it doesn't matter, right?
Wrong. It may never come up in the trial, but your attorney must know everything about your case. Nothing is worse than having these things appear out of nowhere in your trial and having no way to counter them.
This is equally true if your attorney is helping with other legal services, such as drafting contracts or employee agreements. Your attorney must know everything you have told other parties, including potential employees, contractors, or business partners.
Have a Goal
People often want to sue someone without knowing what they really want. If you're angry and want revenge, you should get legal advice and see if you can sue them. Despite the common belief, you can't really sue for "anything." You must have a cause of action, that is, a claim the court can resolve.
Civil courts can grant monetary or injunctive relief, but you must tell them what you want. Civil procedure does not allow a judge to craft your case for you. A litigation attorney must tell the judge, "My client wants a certain amount of money," and the judge will award it (or not).
Be Realistic
This is part of listening to your attorney. Advertising and TV shows lead people to believe that they may win huge awards or that their opponents may collapse at the first threat of litigation. That makes good drama, but in the real world, courts can only "make you whole." That is, they can compensate you for what you lost and for future expenses.
Your attorney may discuss other methods of settling your case, such as alternative dispute resolution. Mediation and arbitration take the place of litigation, often with great success. If your attorney recommends these methods of resolving your case, keep your mind open.
Getting Legal Advice
Before you can have a good attorney-client relationship, you must have a good attorney. When you need legal help, your first step is doing some research. There are many practice areas in law. Be sure the attorney you contact is the right one for the job.
Next Steps
Contact a qualified attorney to help you navigate the challenges presented by litigation.
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