A. Listen to the client: One of the most important things that the lawyer must do inall of their communications with clients is to be an active listener. In the initial clientinterview, you should give the client the opportunity to fully explain the facts, as wellas their interests in resolving the dispute. Don’t cut off the client. The interview isan opportunity to build a relationship of trust as well as to obtain necessary facts. The client needs to feel confident in your abilities and you need to know that youcan work with the client.
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In this situation, the lawyer and client would need to discuss whether the lawsuit has the proper basis to be filed in court. The client cannot request the lawyer to do anything illegal, and vice versa. On the other hand, you should expect your lawyer to discuss all the possible legal consequences of any proposed course of legal action.
Jul 25, 2019 · It should discuss how you plan to position your firm, how much you’ll charge for your services, and how you plan to promote your firm. Finances. This section discusses the budgeting and forecasting for your firm, including capital, monthly budgets, cases needed to break even, projected profit, projected loss, and more.
In general, your lawyer should consult with you on every major decision before they return a response to the judge. It’s always best if both you and your lawyer are in agreement on a decision.
The lawyer's tasks mainly deal with technical, legal, and tactical matters , since the client is not expected to know the ins and outs of court procedures. For example, lawyers are responsible for the following tasks: Procedural Issues:
Your lawyer is responsible for making decisions regarding legal procedures and legal strategies. The lawyer's tasks mainly deal with technical, legal, and tactical matters, since the client is not expected to know the ins and outs of court procedures. For example, lawyers are responsible for the following tasks:
You are responsible for making all the substantive decisions of your case, including: Whether to pursue a lawsuit or settle the legal matter out of court (you still may need a lawyer to represent you in out-of-court settlements) What type of plea you will be entering, i.e., guilty, not guilty, no contest, etc.
The lawyer is basically a mediator between the client on the one hand and the legal system on the other (including the court, judges, and opposing lawyers). You can think of your lawyer as a sort of translator or interpreter for their clients, since laws can sometimes be complex and difficult to understand.
Procedural Issues: Ensuring that the claim is filed within the deadlines known as the statute of limitations. Selecting venue (the location where the case will be heard) Filing the appropriate papers with the court. Responding to any court papers filed by the other party such as requests for documents.
Law firm strategy is a future-proof plan that enables firms to prioritize objectives, remain competitive, and optimize financial goals. It allows firms to differentiate themselves from the competition, reflecting both strengths and weaknesses.
Your law firm’s mission is the reason your firm exists, the ultimate purpose. It helps define what it is your firm does, how you do it, who you do it for and the value you bring to your clients.
You use a set of key performance indicators (KPIs) to monitor your firm’s health and help you predict your future success. Your KPIs are regularly reviewed and updated. You conduct a competitive analysis and adjust your strategy to win your market on at least a quarterly basis.
To communicate your mission, create a mission statement: a short sentence describing your firm’s purpose and goal. For example, take a look at Google’s mission statement: “To organize the world’s information and make it universally accessible and useful.”. Keep it simple.
To create a sustainable business, you must plan for the future of law practice. Through the technology at your disposal, it’s possible to create unforgettable experiences for your clients. By designing your firm for innovation, you’ll stay flexible as client needs evolve.
Design thinking is an ideology aimed at applying long-established design principles to the way we build our businesses. It’s used to intentionally craft your law firm over time to deliver services simply and functionally. Using design thinking, you can approach innovation and problem-solving in a user-centered, responsive, intentional and experimental way, tolerant of failure.
If, for example, if a client tells his lawyer that he robbed a bank or lied about assets during a divorce, the lawyer probably can't disclose the information. But if a client initiates a communication with a lawyer for the purpose of committing a crime or an act of fraud in the future, the attorney-client privilege typically doesn't apply.
Under that rule, attorneys may not divulge their clients' secrets, nor may others force them to. The purpose of the privilege is to encourage clients to openly share information with their lawyers and to let lawyers provide effective representation.
The attorney-client privilege is a rule that preserves the confidentiality of communications between lawyers and clients. Under that rule, attorneys may not divulge their clients' secrets, nor may others force them to. The purpose of the privilege is to encourage clients ...
The attorney-client privilege is, strictly speaking, a rule of evidence. It prevents lawyers from testifying about, and from being forced to testify about, their clients' statements. Independent of that privilege, lawyers also owe their clients a duty of confidentiality.
If someone were to surreptitiously record the conversation, that recording would probably be inadmissible in court.
No matter who hears or learns about a communication, however, the lawyer typically remains obligated not to repeat it.
If, for example, if a client tells his lawyer that he robbed a bank or lied about assets during a divorce, the lawyer probably can't disclose the information.
An important question to ask a lawyer is what the strategy for your case will be and the outcome the lawyer expects. You’ll want to get details on what kind of procedures to expect. Ask how long it will take for the entire case to be resolved. Discuss the legal strategies that will be used. Find out if your attorney will attempt to settle and if mediation or arbitration are options. Think about the answers and if you are comfortable with them. Maybe you want to avoid a trial at all costs but your attorney really wants to just go to trial, or perhaps you have no intention of settling and want your day in court. It is important that your lawyer’s strategy lines up with your needs.
Meeting with a small business attorney is an important way to get your business off to a good start and minimize future risks. Here are questions to ask at your first meeting.
Most lawyers offer a free consultation so that you have a chance to determine if he or she is the right person for you. Going to the first meeting with some simple questions can help you ensure you find the right person for the legal help you need. You will not get much legal advice at this consult since it is not meant to resolve your legal ...
Meeting with a lawyer for an initial consultation is generally not a chance to ask legal questions that are in depth, but is instead an opportunity to get a sense as to whether this lawyer is the right one to handle your case. Use this meeting to help you decide which lawyer will be the best one for your case.
1. Communicate clearly and often. Good client communication is about being proactive so that clients feel truly cared for and informed. Make a deliberate effort to ensure your client understands what’s going on, and you’ll avoid unnecessary communication breakdowns. A few ways to do this: Avoid legal jargon.
Better communication leads to stronger client experiences, increased positive reviews, and more potential referrals for your law firm. By putting your clients at the center of everything, you’ll be better positioned to communicate intentionally, provide great experiences, ...
Develop interpersonal skills. Keeping your people skills sharp helps ensure that your clients feel heard, cared for and informed. Watch for visual cues when communicating in person, stay present, and ask probing questions when you sense there’s more to the story than what the client is telling you.
Keeping your people skills sharp helps ensure that your clients feel heard, cared for and informed. Watch for visual cues when communicating in person, stay present, and ask probing questions when you sense there’s more to the story than what the client is telling you.
About the Author. Teresa Matich is an experienced legal tech writer and editor. She’s the editor of the Clio Blog, the co-producer of Clio’s Matters podcast, and has written for publications such as Legal Technology Today and Above the Law.
We’ve established why law firm strategic planning is essential to any law firm. Not only does it help you make better, more informed business decisions, it can also help you grow your business when it needs it most. To create a good strategic plan: Start with getting key stakeholders committed to the ongoing project.
Business and management consultant Albert Humphrey developed the SWOT analysis framework, now often-used in universities and businesses globally. As its name suggests, a SWOT analysis will help you identify your law firm’s strengths, weaknesses, opportunities, and threats.
This may mean blocking out everyone’s calendar for regular law firm strategic planning meetings, and being clear about what you want to accomplish during each meeting. If you are a solo attorney, blocking some time out in your own calendar can help you prioritize strategic planning.
Tactical or strategic decisions may involve the following: 1 the choice of motions; 2 the scope of discovery; 3 which witnesses to call; 4 the substance of the direct and cross-examination.
From the outset of the case, the lawyer and client should determine the “scope” of the representation. They will set forth the goals of the representation. Some goals are short-term, such as closing on a piece of property, and sometimes they are long-term, as in providing ongoing advice for a corporation.
An attorney owes an obligation to pursue his client’s defense wishes within the boundary of the law while maintaining his ethical duty to fight for his client’s life when the death penalty is at stake. The first mistake English made was taking the McCoy case. He was not certified to handle death penalty cases.
Normally, a defense attorney, once he or she accepts a representation in a criminal case, will investigate the facts and research the law to properly advise the client of all of the legal options open to him or her. It is a process in which the attorney ...
This is a fundamental constitutional right protected under the Fifth and Sixth Amendments.
At a January 2011 hearing, McCoy informed the court that he did not want the public defender’s office involved in the case in any way; that he was prepared to go to trial with one attorney who was not board certified to handle a capital case rather than the standard two attorneys.
Shreveport attorney Larry English formally enrolled in the case with the caveat to the trial court that he was not “board certified” to handle a death penalty case. He informed the court that he had been in touch with death penalty certified attorneys about assembling a legal defense team in the case. The trial judge discussed the issue of English’s non-certification issue McCoy who insisted he want to proceed with the attorney.
McCoy’s testimony came after the prosecution had presented eleven witnesses and introduced 100 exhibits that supported the defendant’s guilt. English believed that McCoy’s testimony notwithstanding, the State’s case against his client was overwhelming.
The attorney sought funds from the court to secure the services experts in order to pursue a defense strategy that McCoy’s “severe mental and emotional” issues contributed to the offense. He further asked the court to “order” that McCoy “submit to the experts that are required in a capital murder case.”
Dealing with a “difficult” client starts with reframing the concept. Conflict, an inevitable aspect of relationships , can be seen as collaborative instead of adversarial. Craft your conversations to ensure they feel heard by acknowledging their concerns. Lay out all sides of an issue and all the facts to bring you both on the same page. Engage them in the solution to problem-solve together. - Mark Batson Baril, Resologics
Contracting with clients upfront about what's in/out of scope, how you'll communicate and work together, and other types of relationship norms are key to set you both up for success. When clients push against your boundaries, disrespect your needs or violate agreements you've established, you have a choice – address it, renegotiate or walk away. No client is worth the pain of disrespect. - Erin Rocchio, Erin Rocchio Consulting, Inc.
If you sense something is "off," simply state what you notice: "I notice that there seems to be tension" or "we seem to be getting off track" or "we seem less aligned." Saying what you notice opens the door to the conversation without judgment. The goal is to learn more and see what's really going on. You can't change something if you don't know what it is. - Susan Sadler, Sadler Communications LLC