Hello to all my spring-loving Blogophytes! Welcome to another edition of Chicago Law Source's News You Can Use. In this edition, I aim to discuss what happens when people don't hear what they want to - and how we all can interpret, act and then react to that. Just now, as in 10 minutes ago, I had someone sit down for an appointment with me. Well.... actually, it was the 4th attempt at an appointment that the person finally showed up for. I should have known...
Anyway, so this person, we'll call her "Nancy" to protect her identity, sits down and says she has a HUGE matter that she needs an attorney for. In my mind, I am curious, but the RED FLAG did begin to fly. Why? Because like tales of a different kind, the more a prospective client says something is BIG, the less likely that it is big... or whatever. So, the lady says it's big and she needs a lawyer to make some calls for her, but that there can't be any lawsuits because the time has expired. Another RED FLAG then flies in my eyes, because anyone sitting in my chair who already knows that the time limit for action has passed has likely already been told by someone else, or internet, or whoever, and they are searching for some poor unethical soul to tell them that they will take it on, just to see if they are right.
Oh... the poor unethical souls out there.... they do accept such cases, I know. But, alas, I am neither a poor or unethical soul, and I see red flags as RED AS THEY ARE, and my job is to ask questions, to get to the heart of this. However, Nancy doesn't like my questions that she knows I probably already know the answer to, because all she wants is some unethical attorney to extort from her two victims (or as she calls them, lawyers on the other side already expecting her counsel to call), substantial sums of money.
This, I think, sounds fishy. So, to dear "Nancy", I prompt, I ask, I respond and retort - "Why Nancy, why do you think you can get substantial sums of money just by a lawyer calling for you? What makes you think that if the time limit has passed to enforce an action that the other side is going to write you a check?" When the response is "to avoid a case being filed" then I know I've got a real beauty on my hands. Why? Because when I or any other attorney spots a client whose expectations are unrealistic, impossible, unethical or just plain "outta this world" then it is our duty, obligation and moral requirement to set them straight.
So how does this take shape? I ask the simple question first: "So, if it's just a matter of a simple phone call to ask for the $300,000 and they are waiting for the call, why haven't you called them and said everything you think I could say?" When I was met with the only possible answer that could come from her of "Well, because I am not a lawyer" then I knew that this RED FLAG had just flown its last flight. So then I followed up with some questions about what would I back up a phone call or letter with, if I as, an attorney only have as my weaponry my ability to sue and inflict legal and financial pain, if in the face of a claim I knew was unwinnable due to the time-limitation issue, what then would I be backing up my call or letter with? What could I gain if I called or wrote and we both knew I wouldn't sue? Wasn't she concerned about paying me by the hour to get something that they aren't going to give voluntarily?
Once "Nancy" explained with a straight face that they would absolutely, voluntarily, and just on my request hand over $300,000 or more, since she had already talked to them" I knew our time would be brief. However, before I could cut the meeting short, "Nancy" sensed that I smelled a rat, and got up and said that I was not the lawyer for her. Seeing as that was the truest and most honest thing "Nancy" had said the whole time, I had to agree. BUT, that makes me wonder, do most clients think I'm in the business to tell them what they want to hear?
I suppose, yes. Well, folks, the right answer is NO. No, I'm NOT in the business of telling people what they WANT to hear. I am in the business of saying what needs to be said (Just ask my mother - she will tell you I've been doing this all my life). I am not a "paid mouthpiece" or "spokesperson" who is fed my lines. I only say things that can be verified, backed up, and acted upon. I don't make calls to threaten anything I'm not capable or doing or that my client is willing to act upon. I don't call lawyers and demand $300,000 just because my client thinks so, if at the time same I'm being told that a viable claim doesn't exist because the time-limit has passed. Moreover, when the subject-matter was disclosed on this $300,000 demand, I advised that a particular kind of lawyer in this very specialized area should provide pertinent advice. Although Miss Know-It-All-"Nancy" didn't want to hear it, she needed to put her phone and materials down and back slowly away.
Instead, she left, quite disgruntled that I was not more agreeable. Although I'm sure I won't be surprised if that turns into some interesting online review, I can say one thing, "Nancy" did me a huge favor just by being herself. She saved me from a bad client experience, and I saved her, even for just today, from making a call that will not produce fruit. No, I'm not in the customer service business and I cannot say that I'll take any client and say anything just to make a buck.
And... at the end of the day, I think that is a pretty darn good thing. My morals in tact, I will live on spreading News You Can Use, on important legal topics. Your Lesson for the Day: Part of a Lawyer's Job is to Protect Clients and Prospective Clients, From Themselves.
What Should You Do When Your Lawyer Tells You Something You Don't Like?
- Ask Questions
- Investigate
- Come Prepared With Facts
- Have Alternative Options
- Be Prepared to Hire Someone Else
- Explain Fully Your Problem and Why You Think Your Issue Deserves Legal Attention
Now, What You Should Do When Your Lawyer Gives You Advice:
- Listen
- Ask Questions
- Come Prepared With Facts
- Ask About What Alternative Options The Lawyer Thinks Are Worthwhile
- Be Prepared To Hire Someone Else
- Refrain From Getting Upset Because Something You Hear is Challenging
- Explain Fully Your Problem to Be Sure Your Issue is Worthy Of Legal Attention
- Listen
- Accept That The Lawyer Is Not Trying to Hurt You
- Accept That The Truth Hurts Sometimes
So, when all is said and done, if you have heard something you don't like or agree with in a legal consultation, don't fret. There are thousands of lawyers in the world and many of them will take your money and tell you whatever you want to hear. When you are ready to hear the truth, all you need to do is to seek out someone reputable, honest and with integrity, who looks you in the eye and shoots it straight. All the best lawyers do.
For more information check out: www.levinlawltd.com and Happy Day!
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