I often inform potential clients that representation by an attorney/law firm is always two-way street. The client needs the attorney’s professional insights and skills in handling his or her legal issues, 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. In addition, some recent technological developments can complicate the attorney-client relationship even further. For this post, we will 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 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 neither pleasant nor 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 that may potentially diminish or outright jeopardize a positive outcome for the client. By contrast, having all the facts (both good and bad) 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.
The recent technological advances, such as use of Artificial Intelligence (AI), is another potential problem. Clients should never provide information about their legal matters, factual scenarios, documents, legal analysis or communications by their attorney to an AI application or program. Providing this information may also waive attorney-client and work product privilege protections and allow the information to become available to the public—including the opposing side. Keeping information limited between the attorney/firm and the client offers the most protection possible.
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. Electronic documents should also be easily accessible. That way, the client is not incurring extra law firm fees and costs for 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.
Do appear 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. Arriving on time for an appointment, telephone call, or virtual meeting 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 and their staff 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.
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.
Need guidance on building a productive attorney-client relationship? Harrison Law is here to provide clear, practical support for individuals and businesses navigating complex legal matters.
Call us at +1 480 320 2310 or through our online contact form to schedule a confidential consultation today.
