Best Practices for Managing Your Relationship with Your Attorney
Lawyers have also played a dominant role in American politics. “The government of democracy is favorable to the political power of lawyers,” Alexis de Tocqueville wrote more than a century ago. Of the 56 signers of the Declaration of Independence, 25 were lawyers. In the mid-19th century, approximately 80 percent of the U.S. Congress were lawyers. Today, just under 40 percent are lawyers. Our political system has declined in efficiency and sensible conduct since the number of lawyers in Congress decreased.
If you have ever received an email from my business account, it contained the following quote from Ralph Waldo Emerson: “The good lawyer is not the man who has an eye to every side and angle of contingency, and qualifies all his qualifications, but who throws himself on your part so heartily, that he can get you out of a scrape.” This quote reflects the role of an attorney at my law firm, but all attorneys are fundamental to the functioning of the legal system and society in general. Their expertise in protecting rights, navigating legal complexities, providing advice, and ensuring ethical standards makes them indispensable in various legal contexts. By representing clients, facilitating dispute resolution, and advocating for justice, attorneys uphold the rule of law and contribute to a fair and orderly society. Their role not only affects individual lives but also shapes the broader legal landscape, underscoring their significance in maintaining legal and social order.
When engaging with a legal professional, how you interact with and treat your attorney can significantly impact the outcome of your case and your overall experience. Effective communication and mutual respect are foundational to a successful attorney-client relationship. Here are some key considerations and best practices for ensuring a positive and productive interaction with your attorney:
1. Understand the Role of Your Attorney
Before you start collaborating with an attorney, it is essential to understand their role. An attorney’s primary responsibility is to represent your interests within the bounds of the law. They provide legal advice, draft and review documents, and advocate on your behalf. However, they are not responsible for making decisions for you but rather guiding you to make informed choices.
2. Be Clear and Honest
Transparency is crucial in any attorney-client relationship. Provide your attorney with all relevant information regarding your case, even if it might seem damaging or uncomfortable. Omitting facts can hinder your attorney’s ability to provide effective representation. Honest and complete disclosure allows your attorney to anticipate and address potential issues.
3. Communicate Effectively
Good communication is a two-way street. Clearly articulate your goals, expectations, and concerns. If you receive legal documents or correspondence, review them promptly and discuss any questions or concerns with your attorney. Be responsive to your attorney’s requests for information or clarification, as delays can impact the progress of your case.
4. Respect Your Attorney’s Time
Attorneys often have demanding schedules with multiple clients and court dates. While your case is important, it is also essential to respect your attorney’s time. Avoid unnecessary calls or emails and consolidate your questions or updates into fewer communications. This helps manage costs and allows your attorney to focus on substantive legal work.
5. Follow Legal Advice
Your attorney’s role includes providing strategic guidance based on their expertise and experience. While you are free to make the final decisions, it is wise to consider their advice seriously. Disregarding professional counsel can negatively affect your case and sometimes lead to unfavorable outcomes.
6. Discuss Fees and Payment Upfront
Understand the fee structure and payment terms before you begin collaborating with an attorney. This might include hourly rates, flat fees, or contingency arrangements. Clarify any uncertainties regarding billing practices, retainer fees, and additional costs. Open discussion about financial matters helps prevent misunderstandings and ensures that you and your attorney have aligned expectations.
7. Provide Timely Information
Timeliness is critical in legal matters. Provide necessary documents and information as requested by your attorney without delay. Missing deadlines or failing to provide needed information can jeopardize your case or lead to unnecessary complications. Pay your legal fees timely.
8. Maintain Professionalism
While it is natural to be emotional or stressed about your legal situation, maintaining a professional demeanor in your interactions with your attorney is essential. Professionalism fosters a constructive environment and helps keep the focus on resolving your legal issues effectively.
9. Evaluate and Provide Feedback
Regularly assess your attorney’s performance and the progress of your case. If you have concerns or feel that your needs are not being met, address these issues with your attorney directly. Constructive feedback can help improve the working relationship and the quality of representation you receive.
10. Consider a Change if Necessary
If, despite your best efforts, you find that your attorney is not meeting your expectations or you experience a significant breakdown in communication, it may be necessary to consider finding a new attorney. Ensure that any transition is managed professionally to minimize disruption to your case.
Conclusion
A successful attorney-client relationship is built on mutual respect, clear communication, and trust. By understanding your attorney’s role, being transparent and respectful, and following professional advice, you can enhance the effectiveness of their representation and improve the overall management of your legal matters. Remember, a positive relationship with your attorney not only helps in achieving favorable outcomes but also makes the legal process less stressful and more manageable.
Todd Miller is a monthly contributor and regularly writes and speaks on various legal topics including estate planning, probate, and elder law. He formed the Law Office of Todd Miller, LLC, 1305 Southwest Blvd., Suite A, Jefferson City, Missouri in 2006. He was recognized as 2016 Adviser of the Year by GolfInc; and Golf Tax Consultant of the Year by Boardroom Magazine three times; and one of the “10 Best” attorneys by the American Institute of Family Law Attorneys; and one of the “10 Best” attorneys by the American Institute of Criminal Law Attorneys. Mr. Miller earned his juris doctorate degree from the University of Missouri School of Law in 1999 and graduated with honors from Lincoln University in 1991. You may find him at www.toddmillerlaw.com (573) 634-2838 or on Facebook, LinkedIn, and Twitter.