by Bruce L. Dorner
The voice on the other end of the phone says, “I’m not sure my lawyer is doing a good job on my case, what should I do?” This question is one of the most difficult for an attorney to answer.
After getting some basic information from the voice on the phone, I determine that there is no conflict if I offer advice. The starting point is to determine why the caller feels that the relationship is failing. I inquire, “what did your lawyer do, or not do, that has you concerned?” The most common complaint is that, “my lawyer doesn’t return my calls.” In these situations I urge that the client call the lawyer and ask for a meeting to share these feelings in the hope that the relationship can be restored. Ask your lawyer what is the office policy for returning calls. Sometimes an attorney sets aside a particular time of day to return calls. If the lawyer is too busy to return your calls or to have a sit-down meeting, then it may be time to determine if this lawyer is too busy to handle your case.
Another question raised is that, “I don’t know what’s happening with my case.” A good lawyer sends the client a copy of every document that comes or goes from the office. How else can a client know that you’re working on the matter? If you’re not getting this information, ask the lawyer to send you copies.
A more thorny question is that, “my lawyer doesn’t listen to me.” Sometimes the client wants the lawyer to be a therapist. Although we try to be supportive, our role is not that of a trained therapist. Many legal matters have significant emotional components. It is important for the client to understand the role of the lawyer in the process and for the lawyer to refer the client to counseling, where appropriate. If the lawyer really isn’t listening, and you’ve had a face-to-face meeting, it may be time to consider if it is better to move your case to a more supportive office.
At the same time, a good lawyer does not mean the nastiest courtroom advocate or the one who helped your brother-in-law with his divorce. A good lawyer is not someone with gray hair and the three-piece suit. A good lawyer is one who listens to your problem, provides options and alternatives, and helps you solve the legal puzzle.
When you visit your lawyer’s office, are you greeted promptly? Do you feel welcomed or are you just one more person in the line at the counter? If you don’t feel comfortable, you should share your concerns with your lawyer. Did the attorney identify anyone else to contact at the office if he is not available?
Are bills and letters from your attorney clear and concise? If not, ask questions. Again, if you don’t have a comfortable feeling in dealing with your attorney, you may not have confidence in his or her ability to achieve a good resolution to your case.
Above all, are you comfortable? The relationship between an attorney and his client is a very close personal relationship. You need to feel confident that the lawyer will be able to respond to your needs both in a technical legal sense and in a communication mode that you find appropriate. Is the lawyer talking with you — or to you? From my vantage point it is more important that the attorney regularly handles your type of case than his or her academic credentials.
Remember that it’s your case. You’ve entrusted your attorney with a matter that requires special skills. If you don’t feel supported, you’ll be more worried than is necessary. In the end, the key to defining a “good” attorney is nothing more that finding one who is capable of dealing with your legal problems in the manner you find most appropriate. To some extent, it’s an extension of the Golden Rule — do unto others as you would have them do unto you!
This article provides general information only. It is not legal advice. You should consult with your own attorney before making any legal decision.