Meeting with a Lawyer – rules to live by
Initial Consultations with Attorneys – Rules to Live By
This is going to sound like a top 10 list of things that clients do that I don’t like. Maybe that’s what I mean it to be. Maybe it’s not. But the best way to look at it, from a positive perspective, is a brief tutorial on what to do and what not to do when consulting with an attorney – or any professional for that matter.
First, let me say that I don’t think any of us should expect that anyone coming to our office for the first time should know exactly what we are looking for and what we are not, or how to deal with some of the little niceties of these interactions. So should we judge folks for any and every faux pas? No. But wouldn’t it all be a little better if we all were working from the same rule book? Yep. I think so. To the point:
The First Call
A client recently said to me, “Look, we are kind of on a date: I’m looking to see if I want to work with you, and you are doing the same with me.” 100% accurate! That’s why every single interaction you have with the attorney (or other professional, but for ease of writing I’ll use “attorney” throughout this post) should be calculated to impress. You want an attorney who is good enough that he can pass if something about you rubs him/her the wrong way. So everything you do should impress them. This includes the first call to the office. Here are a few tips:
- Pay attention to who answers the phone. If he says, “Jeffrey Howard,” then don’t ask to speak with Jeffrey Howard. You got him.
- Before you call come up with a succinct explanation of your situation and what you are looking for. You are not doing the attorney any favors by giving him the long version of how your day is going. Get to the point.
- Do your research before you call, not by calling. You don’t want to call the estate planning lawyer and tell him all about your worker’s comp drama, only to find out he doesn’t do that. Know whom to call, then call them.
- Use your grown up language. Act like you are on a job interview. If you can’t take your case seriously enough to represent yourself well, it’s hard for the attorney to help.
- If you have to leave a message,
- Speak clearly
- Leave your phone number…twice! You never know if there was a blip in the recording that happened right when you said a number the first time around, and without that number, you get no call back.
- A quick explanation of what you’re looking for helps. If the attorney can’t help, but calls back, at least if he gets your VM he can leave a message explaining he can’t help, and that avoids a lot of useless phone tag.
- Before you flag your VM as an emergency, consider whether or not the person for whom you are leaving the message would consider it an emergency. For example, my wife called me to tell me our house was on fire…she did not flag it as an emergency. Here are some more examples:
- You haven’t heard from your attorney in a week: Not an emergency.
- You have a random question: Not an emergency.
- You want to talk about the same thing you always talk about when you call every week: Not an emergency.
- You have a speeding ticket: Not an emergency.
- You might be going to jail: Trick Question! It’s probably not an emergency for your attorney, but it might be for your bail bondsman, so use your discretion on that one.
- Someone is in the hospital or dying: That’s an emergency.
Scheduling and Showing Up for the Meeting
You have to meet your attorney at some point, so you’ll need to set up a meeting. Here are some helpful guidelines:
- Different folks have different lives, so be understanding and accommodating, and we’ll do the same. Some folks have lunches free, some don’t. Some have to drop off/pick up kids at certain times, etc. Suggest a few different times/days, and you’re more likely to get one of them.
- Show up. If you can’t show up, call the minute you know you can’t. Many attorneys offer free consultations, and they are blocking off their time for you at no profit to them and no cost to you so be respectful of that time. And if you’re the type of client who won’t show up at a meeting, you’re probably the type who won’t show up at a hearing, which doesn’t bode well for the attorney wanting to help you.
- When you show up, act like you care. First impressions are important, and your Stunning Steve Austin shirt sends a message. And remember, it’s not so much important what the attorney thinks; what’s more important is what the attorney thinks the jury might think about you.
- Knock. It’s just the polite thing to do. Don’t walk into someone’s office, even if you can see them, without knocking. They might be on a phone call that’s confidential. But even if they aren’t, you still shouldn’t do that.
- Bring your documents. If you think it could be important, bring it. Err on the side of inclusion.
- No means no. If they say they can’t help, they can’t help. Don’t try to lawyer the lawyer.
- To continue on that theme, in the phone call or in the meeting, if you’ve already hear the “no thanks” then please don’t re-characterize your scenario by adding, “But what if…” No means no.
Subsequent Calls and Meetings
AFTER you’re signed up, you can relax a bit. Heck, I prefer a slightly more relaxed relationship with clients. It makes things simpler. That doesn’t mean show up drunk at random hours, but it does mean you can be a little less formal in communications. Here are some more tips:
- Pay attention to predictions. If your attorney says he’ll reach out in about two weeks, you should probably wait at least two weeks before calling and asking why you haven’t heard anything.
- Stay consistent in communication methods. If you have a good email chain going, keep it up! If you don’t email, that’s fine. Just return calls. But it’s not great form to email, then call, then email about not getting a prompt return call. If you want quicker responses, give the attorney fewer things to respond to.
- One voice mail will do, thanks. Just one. I am very proud to say that I almost always call clients or potential clients back within 24 hours. If I don’t there is a darn good reason why. But you can rest assured I got your first voice mail, and I’ll get back to you. Calling me back in 10 minutes to ask why you haven’t gotten a call back on the first voice mail is not going to make me respond any more quickly (see the point above).
- I am of the opinion that email communication is versatile enough that it can be formal or informal, and I’m OK with whatever you are OK with.
There ya go. Follow those little tips and you will do just dandy. Good luck!
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