Lawyers, like
doctors, often have to dish out bad news.
Bad news may be delivered during any stage of a legal matter however, it
often seems to be given out and digested poorly upon an initial consultation
with a lawyer. Let’s face it, most
consultations with a lawyer are precipitated with a very personal or traumatic
event (arrest, bankruptcy, eviction, personal injury, etc…). Every lawyer has a particular and unique
style. Some are straight shooters, while
others tend to be vague in their analysis.
In order to get the most out of your legal consultation, you must prepare
yourself for all possible outcomes. Here
are my 5 simple tips to making the most out of your initial meeting:
1.
MAKE
NOTES PRIOR TO YOUR MEETING: Memories fade over time. There is little worse than remembering a particular
fact or event after a consultation is over and you’re driving in the car on
your way home. One simple fact or circumstance
may change the outcome of your case. Reduce
your story to some handwritten notes.
Make notes of particular facts, circumstances and questions that you
wish to discuss with your prospective attorney. Arrive prepared with the important
documentation and other resources. (Note: don’t surrender your notes to the
attorney you have not hired; don’t make copies; and, clearly mark on the notes
that they are ‘privileged notes specifically drafted for the purpose of consulting
with your lawyer’ – in some cases, notes may become subject to discovery in future
litigation).
2.
EXPERIENCE:
Don’t be afraid to ask an attorney what kind of experience he/she has in your kind
of matter. Judge an attorney based on
his depth of knowledge and not by physical appearance alone – some of the
fiercest and most successful attorneys I know have food on their ties and poor
taste in fashion.
3.
TRUTH: You can make a cake without flour, but it’s
certainly not going to taste right. In
my experience, sometimes individuals lie to their attorney, omit facts or
sugarcoat their story. The reasons may
vary from protecting the identity of another to outright fabrication for
personal or unlawful gain. Although there
is no excuse for the later, this doesn’t help anyone. Fibbing or sugarcoating may make you feel
better, but it’s not going to allow your attorney to frame a proper legal
picture of your argument(s). Attorneys
often have a fair sense of reality and can sniff out the truth. Don’t waste your time in a consultation
unless you are willing to answer the tough questions.
4.
PUT
ON YOUR THICK-SKIN: Most attorneys are
empathetic and sincere to a point, but at some point, we need to take the
emotion out of the situation to provide a realistic analysis. Often, individuals are put off and formulate
an opinion that the attorney was ‘insincere’ or ‘combative’. Attorneys like to cross-examine people. We are doubters by nature because we need to
see both sides of the story. We ask a lot of questions which simply require a ‘yes’
or ‘no’ answer. We don’t necessarily require
an independent explanation for every question.
It helps to understand that in a consultation, attorneys are not only listening
to your facts, but also applying the law to your facts; assessing your
credibility; assessing your potential for success in litigation; gathering
possible sources of evidence; assessing what needs to be done to investigate
your matter; and, trying to assess the costs of your matter.
5.
BE
COURTEOUS. My mother always told me ‘you
attract more flies with sugar than you do with vinegar.’ Arrive on-time, dress
appropriately and simply be nice.
Sometimes it’s difficult given the particular circumstances however, a smile
goes a long way. Personally, I am more willing
to give my time and go the extra mile when I sense that someone is serious
about their matter and appreciates my time and input. Always ask in advance if there is an initial
consultation fee. Most attorney’s don’t
charge a consultation fee but again, it’s nice to be asked as it is a
reflection of courtesy. Always confirm
that your communications are privileged with the attorney. Always ask the attorney’s hourly rate and
whether your matter may be ‘flat rated’.
Lastly, always obtain a fee agreement in writing with any attorney you
retain, it’s the law.
Jonathan J. Moriarty, Esq.
Law Office of Jonathan J. Moriarty
53 South Main Street, Ste. 3
Randolph, MA 02368
Telephone: (781) 961-2200
Facsimile: (781) 961-0017
Email: jjmoriarty@verizon.net
