attorney what do you need to discuss with client strategy

by Prof. Antonette Fay 6 min read

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.

Full Answer

What do clients really want from law firms?

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.

What are a client’s duties to a lawyer?

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.

Do you have a law firm strategy?

Do lawyers have to consult clients before filing a case?

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What factors must be present for a communication between an attorney and a client to be privileged?

No matter how the attorney-client privilege is articulated, there are four basic elements necessary to establish its existence: (1) a communication; (2) made between privileged persons; (3) in confidence; (4) for the purpose of seeking, obtaining or providing legal assistance to the client.

What are some of the important things that an attorney should do when first considering representation of a client?

In order to determine whether an attorney may represent a potential new client or an existing client in a new matter, the attorney must (1) identify the client; (2) determine whether a conflict exists; (3) decide if representation could be undertaken despite the conflict; and, (4) get consent from all clients involved ...Jan 31, 2008

How should considered representation be communicated with a client?

(a) In representing a client, a lawyer shall not communicate directly or indirectly about the subject of the representation with a person* the lawyer knows* to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer.

What are some questions an attorney might ask a new client?

What Questions do Lawyers Ask Their Clients?
  • What is your case about? A lawyer will want to know every single detail of your case. ...
  • What do you hope to accomplish? ...
  • How do you want us to communicate? ...
  • Why did you choose me? ...
  • Are you comfortable with my rates?
Nov 28, 2019

What are the four responsibilities of lawyers?

It describes the sources and broad definitions of lawyers' four responsibilities: duties to clients and stakeholders; duties to the legal system; duties to one's own institution; and duties to the broader society.Nov 25, 2014

What should you not say to a lawyer?

9 Taboo Sayings You Should Never Tell Your Lawyer
  • I forgot I had an appointment. ...
  • I didn't bring the documents related to my case. ...
  • I have already done some of the work for you. ...
  • My case will be easy money for you. ...
  • I have already spoken with 5 other lawyers. ...
  • Other lawyers don't have my best interests at heart.
Mar 17, 2021

What is a lawyer's responsibility to the client?

Lawyers have a fiduciary obligation to their clients and must be honest and candid with the client and act in good faith to advance their client's best interests. Similar to the relationship between doctors and patients, lawyers have a duty of confidentiality towards their clients.Oct 15, 2020

What is the no contact rule in law?

According to Charles W. Wolfram's “Modern Legal Ethics,” the no contact rule, as a general proposition, prohibits a lawyer who is representing a client from contacting a party known to be represented by another party. The no contact rule first found its way into the American Bar Association's canons of ethics in 1908.

Do opposing lawyers talk to each other?

(A) While representing a client, a member shall not communicate directly or indirectly about the subject of the representation with a party the member knows to be represented by another lawyer in the matter, unless the member has the consent of the other lawyer.

What questions should a lawyer ask?

Questions you might ask your lawyer
  • Do I have a problem that can be resolved by law?
  • What legal risks am I facing?
  • What documents do I need to support my case?
  • Do I need statements from witnesses?
  • What are my options for resolving the dispute out of court?
  • How can I settle the case?

How do you conduct an effective legal client interview?

Conducting the lawyer-client interview
  1. Make the client feel comfortable. ...
  2. Observe non-verbal communication. ...
  3. Listen, listen, listen during your initial consultation. ...
  4. Integrate with your practice management software. ...
  5. Track potential clients by their stage in the client intake process.
Oct 4, 2021

What information should be gathered in the initial client interview?

GATHERING INFORMATION

Information to be gathered on every client and potential client includes everything needed to contact the client. The interviewing attorney should obtain not only the name and address of the client, but also place of employment, home, office, and cell phone numbers, e-mail address, and fax access.
Jan 31, 2008

What is the importance of communication with a lawyer?

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.

What are the tasks of a lawyer?

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:

What is a lawyer responsible for?

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:

What is the responsibility of a lawyer in a case?

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.

What is a lawyer?

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.

What are procedural issues?

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.

What is a law firm strategy?

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.

What is the mission of a law firm?

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.

Why do you use KPIs?

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.

How to communicate your mission?

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.

How to create a sustainable business?

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.

What is design thinking?

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.

Can a lawyer disclose a client's information?

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.

Can an attorney disclose client secrets?

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.

What is privileged attorney?

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 ...

What is attorney client privilege?

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.

Is attorney client privilege inadmissible?

If someone were to surreptitiously record the conversation, that recording would probably be inadmissible in court.

Can a client forfeit the attorney-client privilege?

No matter who hears or learns about a communication, however, the lawyer typically remains obligated not to repeat it.

Can a lawyer disclose previous acts?

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.

What to ask a lawyer about a case?

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.

Why is it important to meet with a small business attorney?

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.

Why do lawyers offer free consultations?

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 ...

What is a meeting with a lawyer?

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.

How to communicate with clients?

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.

Why is client communication important in law?

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, ...

How to develop interpersonal skills?

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.

Why is it important to keep people skills sharp?

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.

Who is Teresa Matich?

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.

Why is strategic planning important in 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.

Who developed the SWOT analysis framework?

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.

What does blocking out time in your calendar do?

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.

What are tactical decisions?

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.

What is scope of representation?

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.

What is the duty of an attorney?

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.

What does a defense attorney do in a criminal case?

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 ...

What is the amicus brief?

This is a fundamental constitutional right protected under the Fifth and Sixth Amendments.

Did McCoy want a public defender?

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.

Is Larry English board certified?

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.

How many witnesses did McCoy testify?

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.

What conflict developed between McCoy and English?

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.”

How to deal with a difficult client?

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

What is contracting with clients upfront about?

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.

What to say when you sense something is off?

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

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