www.attorneymoriarty.com

Monday, April 29, 2013

5 TIPS ON HOW TO MAKE THE MOST OUT OF AN ATTORNEY CONSULTATION


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
 

No comments:

Post a Comment