It's the Real Stories That Get Me

Here’s the very direct purpose of this article: Hire a Lawyer, and Hire a Good One.

I met with a prospective client today. Their lawsuit was headed to trial literally the next day. Unfortunately the only advice I could give was for the prospective client to request an extension of the trial date in order to allow for adequate time to not only prepare for trial but also gather additional information and documentation from the opposing party. The part that frustrated me the most was not that the prospective client was seeking the advice of an attorney the day before trial, it was that this person HAD an attorney but the attorney seriously mishandled the case. Thankfully, the prospective client had the wherewithal to likely terminate that attorney’s services, but they were left without representation for trial. I don’t blame the prospective client for attempting/planning on going to trial without an attorney, especially after hearing of the previous attorney’s mishandling, but my State Bar number is 333044 – that means there are, at minimum, 333,044 lawyers in California. One of them is bound to be the good one you’re looking for. So, here goes this article:

There is absolutely NO reason to represent yourself in a lawsuit, unless the law forces you to represent yourself (small claims). I don’t care if it costs money, I don’t care if “the facts are clearly on your side”, I don’t care if you think you can do it yourself. Here’s a very real newsflash: you won’t do a good job and the Judge won’t appreciate it. And if you think you can, you’re going to have a wake-up call and only when it’s too late to hire an attorney.

Here are a couple metaphors:

If your car needs an oil change, can you do it yourself? Maybe, but you’re going to spill a lot of oil, especially if it's your first time. And I hope you remember to screw the seal back on before you pour new oil.

If your car’s engine needs an overhaul, can you do it yourself? No.

If you need a car, can you manufacture it end-to-end? Heck no.

If you need to add the right chemicals to the pool in your backyard and it starts to foam bubbles, are you going to jump in?

If the Los Angeles Rams need a new quarterback, are you the replacement?

Let’s stick with the Rams for a second. If the Rams are going to go head-to-head against another professional, NFL sports team, do you think the Rams are going to trust the most important position on the team to a scrub? To a player that hasn’t been proven? To someone who hasn’t professionally thrown a football a day in their life? Not even for a second.

If the Rams hired the wrong quarterback to go up against another professional team they would get crushed.

So why, in this world, in today’s day and age, would you even consider, for one second, representing yourself in a court action against a professional lawyer. You are almost guaranteeing your own defeat.

A lawyer is in the best position to know the applicable civil procedure for your lawsuit. I’m sure I’ll write a future article on civil procedure – which is also my most used username for the games I play. Quickly: Civil Procedure refers to the rules, laws and statutes that govern the procedure of a lawsuit from pre-trial, to trial, through judgment, and post-judgment.

A lawyer is going to become intricately familiar with the facts surrounding your legal matter, the facts you like and the facts that work against you.

A lawyer is going to begin formulating trial strategy and trial preparation from the moment the lawsuit is filed, not 2 days before trial.

A lawyer is going to know how best to communicate with the Judge and with opposing counsel.

A lawyer is going to be able to separate your emotion from the logic behind the lawsuit - a very critical element to lawsuit success.

A lawyer is going to know how to navigate the legal complexities of the lawsuit and stay on top of deadlines and is going to know what needs to be filed and when it needs to be filed.

Here’s the thing: All lawyers are created equal, but not every lawyer is equal. All lawyers need to take and pass the bar exam. But what do they actually know about the practice of law, what do they actually know about discipline, about staying on top of deadlines, about placing your interests above theirs?

I have met some GREAT attorneys and I have met just as many BAD attorneys. No attorney should agree to represent a client unless they know they can be great for that client. My law firm only agrees to represent clients when we KNOW that we can be GREAT for that client.

Otherwise, we try to refer them to another great attorney/law firm.

Not only should you absolutely hire an attorney to represent your interests with anything legal related, but you should make sure that the attorney you hire is a good attorney.

Things to look for when hiring an attorney:

• Accessibility, how often and how quickly does the law firm respond to your communications? Before you think the law firm does a bad job at being accessible, please consider whether you have done something to prejudice yourself in your attorney client relationship? (Have you sent your retainer deposit? Have you made representations you haven’t kept? Do you repeatedly ask for discounts? Did you ask for a reduction in pricing? Did you question the law firm’s acts? Do you listen to the law firm’s advice?)

• Communication: Is the law firm’s communication clear? Do they set up realistic expectations or make promises that seem too good to be true? Do they help you understand your legal matter? Does the law firm implore patience when you ask questions related to the lawsuit?

• Presentability: Does the law firm have a physical presence in your State? Does the law have a clean, organized website? Does the law firm have an organized filing and case management system? Does the law firm have a standard operating procedure for checking dockets and calendaring important dates?

• Accountability: Mistakes should be rare, but are inevitable. Does the law firm take accountability for their conduct, do they act quickly to rectify any errors, or do they try to place the blame on someone else?

• Time: Does this law firm have the time to represent your interests adequately? Ask for an estimate of how much time the law firm plans to spend on your matter then ask if the law firm is capable of utilizing that time.

• Expertise: Does the law firm have the expertise for your matter? This is the hardest one to get right. The law firm you speak to should refuse to take your case if they do not have the expertise to represent you. However, there are some law firms that will choose to take your case on despite their knowledge (or lack thereof) needed for your matter. When discussing your matter with a law firm, try to listen for the law firm’s expertise on the matter. If you are more focused on pricing, you may not be listening for expertise.

• Fit / Feeling: Is the law firm a good fit for your values, character and personality? What feeling do you get in your gut?

Although there are many more factors to consider when selecting /hiring a law firm, the above are the most important.