I often inform perspective clients that representation by an attorney/law firm is a two-way street. The client needs the attorney’s professional insights and skills in handling his or her case, and at the same time, the attorney sincerely wants to help the client as effectively and successfully as possible. It’s all the more unfortunate, then, when simple misunderstandings and unintentional slip-ups prevent this relationship from proceeding as smoothly as it should. Let’s examine some “dos and don’ts” that can help clients keep up their side of the attorney/client relationship – thus allowing the attorney to effectively represent their interests.
Do show up for appointments on time. It’s absolutely critical that clients respect both the attorney’s time and their own legal budget by making the most efficient use of all appointments. If the attorney offers any free initial consultation time, clients should respect the limits of that free offering instead of pushing for more and more free time. Arriving on time for an appointment will prevent any billable time from going wasted or forcing additional appointments to make up the loss.
Don’t let communications lag. Clients need to remember that attorneys often juggle several cases and client situations at any given time. Additionally, these cases may involve complex research or multi-stage procedures that can occupy a surprising amount of time. Waiting passively for the attorney to call in with an update or to request information can lead to unnecessary stress and frustration on the client’s part. There’s nothing improper with calling the attorney or his/her staff (at sensible intervals) to check on the progress of the legal matter.
Do communicate with total honesty. Attorneys simply cannot help clients who are less than 100% transparent and honest about every detail of their matter. Even if some of that information is less than pleasant or flattering, it’s important to remember that the attorney is there to help, not to judge. Obscuring the facts does not change those facts. Knowing both the good and bad, allows an attorney to properly address both in the best light possible. An attorney who is working with inaccurate or incomplete information is likely to make tactical choices in preparing the litigation that will potentially diminish or outright even jeopardize a positive outcome. By contrast, having all the facts allows the attorney to become the most effective advocate possible for his or her client.
Don’t sabotage the attorney’s efforts through insecure communication practices. The old wartime saying “Loose lips sink ships” can definitely apply to legal matters. Clients must remember that their attorneys have only been formally engaged to represent them — not their friends, relatives, or the media. Sharing information and communications with others can breach the protection of attorney/client confidentiality and cause litigation problems within the litigation. Keep all communications with the attorney secure and confidential. Let the attorney know if there are any questions as to how to make and keep certain communications confidential.
Do organize and provide all necessary documents. Clients can help their attorneys represent them more efficiently by providing detailed information in an organized manner. Ideally, this should include individuals’ documents, communications, letters, report data, lists of witnesses, and a moment-by-moment recap of any events that may be relevant. Hard copies of supporting documents should be neatly and logically organized in such a way where they can be reviewed without difficulty for easy revision and disclosure. That way, the client is not incurring extra law firm fees and costs for basic retrieval and organization of their documents.
Don’t forget to update the attorney. The circumstances of a case can change every time a new piece of information is brought to light or some small development occurs. Depending on the information received, a client might even wish to decide not to pursue a pending lawsuit completely, or to change his or her entire legal strategy. However, if these developments go unreported to the attorney as soon as they occur, the attorney can’t factor them into the case strategy until very late (possibly even too late) in the process.
Teamwork is important in any major endeavor. When clients and their attorneys work together, it can make all the difference in the world to the outcome of the client’s case.
© 2019 Matthew W. Harrison and Harrison Law, PLLC All Rights Reserved
This website and article have been prepared by Harrison Law, PLLC for informational purposes only and does not, and is not intended to, constitute legal or financial advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice from an attorney licensed in your jurisdiction.
