As posted in the Lee's Summit Journal.
“So what should I do?” “Should I leave that to my niece or my church?” “What would be better, a Chapter 7 or a Chapter 13?”
These are some of the most difficult and uncomfortable questions an attorney gets asked on a regular basis, as well as among the questions an attorney is least qualified to answer. We don’t like those questions because we don’t know the answer (lawyers hate not knowing the answer). We don’t know what you should do, nor should we. The only person that can answer those questions is you.
To understand why, it is critical to understand who the “boss” is in an attorney-client relationship – you, the client.
Attorneys are experts. We have a specialized field of knowledge. We know the ins and outs of courtrooms, negotiations and legal documents. Attorneys are not, however, inside your brain and heart and soul. We don’t know you like you do. We can be there to help you make the right decision for yourself, but only you can make that decision. The core questions, the hard choices, the most fundamental decisions at the basis of any legal representation? Those must be made by the client and only the client.
Attorneys are able to, when acting at their best, distill out your options for action and the potential consequences of those actions. Understanding this and using it to your advantage will give you not only the maximum number of options and the clearest view of the road ahead, but will also save you time and money, getting you the most legal bang for your buck. Your attorney cannot do it alone, however. Helping your attorney requires you to be prepared:
n Know what you want to achieve. Having a clear and realistic sense of your goals in any matter will help your attorney in devising your best path. If I know what you want to gain, I can advise you on the best or worst path to gain it. Conversely, if your goals are unrealistic given the situation, I have a duty to tell you that as well.
n Be honest with yourself, and your lawyer. If you really want to make sure you stick it to the company that injured you or you absolutely want to make sure to protect your house in a bankruptcy, you need to tell me that so that I can work with that goal in mind, or at the very least let you know what the costs of reaching that goal may be.
Some questions I will ask you will touch on deeply held beliefs about life and death. Answering those questions honestly is imperative if you expect a to sign living will that respects your wishes and beliefs. n If the lawyer gives you “homework,” thoroughly complete it and turn it in on time. Having a complete set of answers and documents to work from will shorten the time it takes to move your matter to completion, which will not only save you money but time and aggravation as well.
While we are best suited to help you with the informed part of your informed decisions, this does not mean attorneys are without opinions, or are unwilling to share them - all too often we are eager to share what we think.
But my job is to be an objective and zealous representative of your interests and my view of your interests will color my opinions. If I know your interests and priorities, then I can give you a much better and more tailored opinion, with balance from an outside set of eyes.
This approach will help you in your dealings with all sorts of professionals, not just attorneys. Your relationships with tax professionals, financial advisors, doctors and architects, to name a few, will be enhanced if you understand that you are the core and key decision maker, the boss in the relationship.
Know who you are and what you really want. Follow that advice and you will be more likely to be the happy client of an attorney.
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