How to work with an attorney (Huffington Post article)–part 1
August 13, 2018 - Posted by: admin - In category:
taxes - No ResponsesSome people dread the very thought of dealing with a lawyer and in many instances, this is justified. However, just like any other profession, there are good attorneys and some which are not so good. Likewise, regardless of qualifications and acumen, some individuals are pleasant to work with and some are not. These realities have equal application when dealing with legal professionals.
Since Abraham Lincoln was an attorney before and far longer than he was President of the United States, it is fitting that we reference Mr. Lincoln in the context of the “good” attorneys. He was certainly good in the context of his skills, knowledge and legal qualifications. So, when people are being overly critical of the legal profession, I always like to reference Mr. Lincoln as a shining beacon of the positive and praiseworthy selection of lawyers.
I recently found an article on the Huffington Post website by Jack Garson titled “My Lawyer, My Friend: A CEO’s Guide to working with an Attorney.” Even though this article is a little dated (first published in November 2014), I believe that many of the points made by Mr. Garson are accurate and
Give Them The Story
https://www.huffingtonpost.com/entry/my-lawyer-my-friend-a-ceo_b_6095572.html
You may be embarrassed. You may think certain details are irrelevant. You may think you can save money and time by just focusing on the issue or contract provision in question. But a good attorney looks at the big picture, the details and the law that applies to all of that. Give your attorney the full story.
That is the first item mentioned in the article and I concur with the wisdom of the same. Far too often, in my experience, clients have the mistaken view that because many attorneys bill by the hour (often by the minute), they will somehow save time (and therefore money) if they do as much as they can by themselves, and then ask for assistance only at the last minute and with regard to a small part of the overall project or problem. While this may work out ok for the clients in some situations, my experience is that it leads to bad results far more often than not, for several reasons.
Legal issues can be much more complex than what appears at first glance–at least the glance of a non-attorney. Believe it or not, there is real/substantive/valuable/worthwhile training and experience that happens in law school and in the practice of law after a lawyer gets his/her JD and passes the bar exam. Much of that training/experience/insight relates to gathering facts and data and applying relevant laws, rules
Let’s imagine that one day I woke up with a bevy of physical symptoms, from shortness of breath, stinging headache, coughing up blood, etc., etc., etc…I know that something is definitely wrong with me and that I need medical attention. However, I first spend the morning online seeking guidance from “Dr. Google” and a bevy of medical websites. I
All of that may seem like an outlandish example. You may be thinking that nobody would ever be foolish enough to behave in that manner. Well, I see that sort of mentality on a regular basis in the context of people dealing with the legal equivalent of “problems” and “emergencies”. I understand the concern about saving money whenever possible and not seeking professional help unless and until absolutely necessary (not that I agree with the wisdom of this approach in all instances–but I do understand the logic). Even so, just as with my hypothetical example where my incorrect assumptions and bad decisions eventually led to much more in medical costs and a long stay in the hospital, a similar type of approach to legal issues has the potential to result in even bigger issues and more expense than simply being open and giving a full disclosure to the attorney on the front end. Of course, this assumes that the attorney is honest and ethical and will not take advantage of the situation and “more information” to create unnecessary work and extra legal fees. But there is always that risk when working with professionals–just as there is the risk that a doctor/surgeon will recommend an unnecessary surgery in order to put more money in his or her pocket.