Lawyers like to do the questioning--but when choosing one, make sure you ask a bunch from the start. Choosing the right lawyer is a very important decision—whether you were in a car accident, have a medical malpractice claim, or find yourself the target of a criminal investigation.
Still, you should ask the question. If the lawyer’s representation of prior or existing clients would limit the attorney’s ability to represent you, there is likely a conflict. For example, if you want to sue a hospital that the potential lawyer regularly represents, there would be a conflict.
A productive first conversation will give both you and the lawyer on the other line a better idea of whether or not you can work together. While most of us think lawyers "take" our cases, the relationship is a two-way street. Your lawyer is your legal representation, which means you have a say in the matter too.
However, your lawyer should be involved in all key aspects and decisions of your case, or should explain to you why a colleague can handle some important part of the matter just as well. These questions are the bare essentials.
Give positive, definite answers when at all possible. Avoid saying, “I think”, “I believe”, or “In my opinion” if you can answer positively. If you do know, then say so. You can be positive about important things which you would naturally remember.
Questions to Ask Your Lawyer During a Consultation1) What kind of experience do you have with similar cases?2) What would be your strategy for my case?3) Are there any alternatives to going to court?4) What are my possible outcomes?5) Who will actually handle my case?6) What is my role in my case?More items...
Lawyers must be honest, but they do not have to be truthful. A criminal defense lawyer, for example, in zealously defending a client, has no obligation to actively present the truth. Counsel may not deliberately mislead the court, but has no obligation to tell the defendant's whole story.
When you correspond with a lawyer, you have two choices:Write the person using a standard courtesy title (“Mr. Robert Jones” or “Ms. Cynthia Adams”)Skip the courtesy title and put “Esquire” after the name, using its abbreviated form, “Esq.” (“Robert Jones, Esq.” or “Cynthia Adams, Esq.”)
12 Tough Questions to Ask a LawyerWhat's your opinion of the probate process?Under what conditions do you recommend a Living Trust?How do I protect my children from abusive relatives if something happens to me?Can I keep my kids from controlling their entire inheritance at 18?More items...•
However, when practising law, lawyers can only provide legal assistance, advice, and counselling to their clients while an attorney can represent clients in court and initiate defendant prosecutions in addition to providing legal counsel and consultation.
9 Taboo Sayings You Should Never Tell Your LawyerI 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.More items...•
“An Advocate shall not solicit work or advertise, either directly or indirectly, whether by circulars, advertisements, touts, personal communications, interview not warranted by personal relations, furnishing or inspiring newspaper comments or procuring his photograph to be published in connection with cases in which ...
You should never be afraid or feel like an intrusion to contact your attorney every three weeks or so, or more frequently if there is a lot going on with your health or other matters related to your legal case. There is of course a limit to how much you should be contacting or sharing.
Address an attorney as "Mr." or "Ms." in most contexts. In the salutation for a letter or email, address an attorney the same way you would any other respected professional- using "Mr." or "Ms." followed by their surname. Generally, this is the best way to address an attorney if you've never spoken to them before.
You can complete a complaint form online or download a PDF complaint form from the State Bar's website. You may also call the State Bar at 800-843-9053 (in California) or 213-765-1200 (outside California) to discuss the complaint-filing process.
Throughout the process of getting your financial settlement after becoming injured, there may be periods of time that you do not hear from your attorney. Although this can be unnerving, it is a normal part of the legal process.
Questions you might ask your lawyerDo 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?More items...
Five Questions You Should Ask:Will you be the attorney personally handling my case?Will you take the case all the way to trial if necessary?What results have you obtained in the past for cases like mine?Can I call or email you directly with questions I have about my case?More items...
Interview Questions for Prosecutors:Can you share a time when you persuaded a colleague to accept your point of view? ... What is the toughest case you have worked on? ... What would you do if a superior asked you to file a case but you did not believe beyond a reasonable doubt that the crime was committed by the defendant?More items...
You must ask questions beginning with words such as Who, What, Where, When, Why, How, Describe, Tell, Explain, etc. You should ask questions that allow the witness to provide her own answer. For example, “Witness, what did you see at the intersection of A and B streets?”
Some telltale signs you need to engage [a lawyer] are when someone is threatening to sue you (like a neighbor or a business contact), when you're being asked to sign something where you are giving up your rights or accepting money (other than an iTunes agreement), when you receive something official in the mail from a law office or court, or when you want to change the terms of something that is already written down ( like a contract to do business, or the terms of a custody agreement , etc).
Finally, Sandefur notes that if your lawyer needs something from you, it's extremely important to get it to them on time. Don't put it off, don't assume that Friday is the same as Monday morning. It may seem unfair since your lawyer may be the one asking for continuances or delays, but if they tell you they need something by a certain date, they really need it. Don't go dark on them either—if you're going to be out of touch or unreachable, let them know in advance.
Timothy Sandefur, a lawyer for the Pacific Legal Foundation, offers a few more useful tips on his blog about how to interact with your lawyer. For one, he notes, make sure to tell your story chronologically, completing every thought before moving on to the next. Your lawyer is still a human being, and they need to experience the events you're describing or your situation as close to how they happened as possible. Jumping forward and back in time or going off on tangents is confusing, and may lead to an important detail being overlooked. Be specific, but avoid using legal terminology unless you absolutely know what you're talking about (for example, don't call something a "contract" or a "deed" unless you're certain it was, legally.)
When you make that first call to a prospective lawyer, you need to have as much information as possible at the ready. A productive first conversation will give both you and the lawyer on the other line a better idea of whether or not you can work together. While most of us think lawyers "take" our cases, the relationship is a two-way street. Your lawyer is your legal representation, which means you have a say in the matter too. The State Bar of Arizona has a great guide to this relationship, and that first conversation.
A good lawyer works with you, helps you understand the situation, and guides you to the best possible result. To do that, they need a client they can work with. Here's how to be just that. Advertisement.
For example, if you're being mistreated at work and want to know what your rights are, or you've been a victim of fraud or theft, speaking to a lawyer is a good idea even if nothing comes of it. Similarly, consult with a lawyer if you have a brilliant idea and want to make sure it's not stolen, or want to start your own business. A good one can help you get started on the right foot (or deal with rival companies.)
Legal representation doesn't come cheap. That's the biggest reason most of us don't deal with lawyers until we absolutely have to. Many of us just assume legal representation is prohibitively expensive, but that's not necessarily true. Services like LawTrades, previously mentioned LegalAdvice.com, LawHelp.org, and ProBono.net all offer ways to get basic legal advice for free. From there, the lawyers who work with those sites can either reach out to you directly to help you further, or recommend that you find a lawyer in your jurisdiction to represent you and examine your specific situation in detail.
Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.
Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.
It's expensive because we have to wait in line too. Going to court is more than dressing up in a fancy suit and knowing what papers to fill out. Attorneys have to wait in line just like the "regular folk" and we are at the mercy of the court staff just like everyone else. If you get a bill that includes time spent waiting in court, it's not usually exaggerated. While some people may stretch the truth - if you want to see whether I had to wait an hour for the case to get called, then just come with me to court. Some courtrooms have more than 50 cases on the call. Your case may not be first or even ninth. I have been number 210 on the list before. It takes time. Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.
Credibility is one of the most important things in this world - and most important in a courtroom. If you care enough only to wear sweats to the courthouse, then the judge will see that you don't care, and that will be reflected in their desire to help you, listen to you, and decide in your favor. Step it up.
If the judge can see your boobs, he's not listening to your story. If I can see your boobs, then I know you didn't care enough about yourself to talk to an attorney. Dress like you are going to church. Credibility is one of the most important things in this world - and most important in a courtroom.
If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.
If no one can confirm that the story is true, you will at least need something external, such as a hard copy document, to prove your case. Be prepared.
What can I do if my attorney is not doing his job? There’s nothing more frustrating than when you’re dealing with a lawyer not doing his job.
Hiring the right lawyer is a personal decision, and only you can decide what is right for you.
Why is it so important to hire an experienced attorney over a general attorney?
Here are seven secrets your divorce lawyer won't tell you (but should). 1. You Might Not Get Your Day in Court... A divorce is a lawsuit, and we usually think of lawsuits as ending in a trial. However, many, if not most lawsuits end in a settlement. This is especially true of divorce, where upwards of 90% of cases settle—and some reports place ...
One thing you can do is gather financial documents your attorney will need in your case. In almost every California divorce, property division is an issue, and if you have children, child support will be an issue, as well as possibly spousal support.
Remember the first secret above: most divorce cases don't go to trial. An aggressive attorney can actually get in the way of a productive settlement, extending the case and billing more hours by stirring up hostility and "churning" the file.
Sometimes a trial in a divorce case is necessary, like if one party refuses to come to the table and negotiate or is hiding assets. Most of the time, the couple can do a better job (with their attorneys' help) of figuring out custody, support, alimony, and property division terms that would work for them than a judge can. Think about it: you know your family, your kids' needs, your finances, your schedules. Even the best-informed judge can understand only a fraction of what you do about your family.
At worst, an aggressive attorney can force you into an expensive trial you didn't need. Most of the time extended conflict enriches the lawyers, not their clients. What's more, when your case is done, your lawyer doesn't have to deal with the ongoing hostility he or she has helped to stoke between you and your ex—but you will.
Remember the first secret above: most divorce cases don't go to trial. An aggressive attorney can actually get in the way of a productive settlement, extending the case and billing more hours by stirring up hostility and "churning" the file.
Yes, attorney fees can be costly, and add up quickly. But your attorney may not tell you what you can do to keep them down unless you ask. You should ask, because there are some simple things you can do to reduce your attorney's workload, and more importantly, save yourself some money.
Say to the lawyer “I’d like you to represent me in [matter]. Is this something you can do?”
You may first send an email or make a call to the law and inquire about their office timings, past cases, fees and availability of the lawyers to fix an appointment. Once you appointment is schedule, you can visit the firm on the scheduled date, day and time and discuss your case history. Also, ask about the lawyer’s past experiences on such cases.
Some people who contact me sound like a referral service because they are passive and indirect. Sometimes I have had to ask people if they are looking for an attorney or if they are trying to sell me referral services. Second, allow the lawyer to conduct a conflict check before you tell them the facts.
Sixth, speak directly and to the point. Active voice. “My boss fired me,” not “I was terminated.” “A driver drove a car into my car,” not “I was in an accident.”
Some lawyers work by the hour. If you’re interviewing one of those, have your checkbook out and visible. I work on contingency fee. I want to know where the money is. I open with questions about corporations and limited liability companies. The client will be describing what a jerk their boss was and I’m on line looking up the employer in the Secretary of State business registry. I might ask about assets like second cars and vacation homes. Bank accounts and safe deposit boxes.
The general rule is that an attorney cannot speak with a party they know to be represented. However, for example, in CA, the exceptions to that rule include conversations initiated by the represented party for the purpose of getting a 2nd opinion.#N#More
It is not illegal to speak to a different lawyer if you already have one (2nd opinions are okay and sometimes encouraged and required), the attorneys don't want to be scene as interfering in an existing attorney client relationship. Think of it like this.
However, it really is impossible for a potential client to know if he should fire his lawyer without speaking to another for a second opinion.
If the interviewer asks what you think of the position or the company, it's a good indication they want to sell you on the position. By asking this question, they can gauge your reaction to the role and respond to any questions or overcome objections you might have.
When a company is interested in hiring you, they often ask about the time you would need for the transition. Questions like, "How soon would you be able to start if you're hired" are a good indicator that they're interested in you.
Interviews are meant to be all business and interviewers typically stick to a general list of questions. When the conversation shifts away from your qualifications and becomes casual, it's a good sign they are impressed. Casual conversation indicates that they are already satisfied you can perform the essential functions for the role, and they have steered the conversation to a direction that allows them to get to know you better.
The next stages can include skills tests to assess your abilities or an interview with a senior manager or executive.
A tour of the building or office is a strong indication they are trying to sell you on the job.
Reaching the point in the interview where they ask what your salary requirements are is a good sign that they want to make you an offer.
If the interviewer hands you their card with their phone number, it suggests that they want to keep you engaged in conversation, whether for this position or a future one . They may have more questions about you and your preferences or just want to make it easy for you to follow up with them during the remainder of the hiring process.
Friends... fake people who just want something you have and that's why people don't want you to die, because you just might have something they need one day and if you're dead, they can't have it... and they say suicide is a selfish act.
These questions are a way of doctors trying to assess clear indicators to prevent a person’s death. While, absolutely, a patient can lie to a doctor about their intentions, the fact of the matter is, the patient is in front of a doctor proving that, on some level, they do want help. People do not really want to die.