The Six Biggest Mistakes People Make When Hiring a Lawyer
By Jeff Roberts
When I was a young(er) lawyer, I worked in the tax department of a large law firm in the Pacific Northwest. One of the senior partners (Bud Daheim) explained what clients are looking for in hiring a lawyer by comparing it to getting a toothache fixed by a dentist: “You don’t really care about the details and nuances of how the dentist fixes the tooth, as long as when you get in your car to leave, it doesn’t hurt anymore.” He added, “A client hiring a lawyer wants to drop off the biggest problem in their life and walk away feeling like it’s practically over – that it is now the lawyer’s problem and the lawyer is going to aggressively wrestle it down to the ground.”
If you think you need a lawyer, you do. If you don’t think you need a lawyer, you still might. Don’t put it off. Also, don’t put off planning business transitions or life transitions. When you take charge and decide to hire a lawyer, don’t make the mistakes made by so many people. These common mistakes are:
- They don’t do the research. Before hiring a lawyer, take time to do a little snooping. Talk to people you respect: your priest, rabbi or preacher, your accountant, your banker, your best friend, broker or even your insurance agent. Ask lots of questions when they give you a name. Respected lawyers in other fields of law are quite knowledgeable about lawyers in their professional community. Don’t hesitate to ask them. Think about people you know who have had a similar life issue or planning experience and ask them how they liked their lawyer. And don’t forget, the web is a great resource. Google your prospects and see what you discover. Quick note: We go to lawyers to discuss highly personal matters. This shouldn’t necessarily preclude you from seeking referrals. Just be creative in asking for the referral. If your need is highly personal, make your questions to other people a little more generic.
- They are intimidated. Why is that? Lawyers are people too. We put our shoes on one at a time. As a client or a prospective client, you should be very reluctant to engage a lawyer who fails to immediately make a concerted effort to put you at ease. If she talks above you or has a condescending attitude or tone, you can be assured that you are not the number one focus. If you are not the number one focus in the initial consultation, you are not likely to become very important in the future. You are the buyer, the lawyer is the seller. Remember that there are plenty of other lawyers who would love to have you as a new client. So, if you aren’t at ease with the lawyer – for any reason, don’t engage him. Tell him you are going to give some further thought to the matter and you will call him when you are ready to proceed.
- They don’t get a second opinion. So you’ve left the office of Lawyer 1 not feeling particularly satisfied, comfortable or relieved that your problem or planning need is going to be taken care of as you had hoped. You may like Lawyer 1 on a personal level but you are just not so sure. You may feel that he didn’t give you complete and direct answers. You may think he doesn’t have the necessary expertise in your area of the law. Stop right there and go talk to another lawyer. A few dollars spent on the front end to give you peace of mind in your decision will be money well spent. Remember, law is highly specialized and a good lawyer will let you know if he is not adequately skilled to handle your matter.
- They forget who’s the boss. So common, it’s practically the norm in most engagements. It is a by-product of being intimidated. A lawyer is a tool. She should be a zealous advocate, confident and convincing in her advice. But, your lawyer sits in the passenger seat, not the driver’s seat. You are the king and the lawyer is the advisor. Don’t allow the lawyer to assume any more authority than you have given him. I recently spoke with a business colleague who was compelled to fire his lawyer because the lawyer had completely disregarded my friend’s directive. It can happen. Be very clear with your lawyer about what authority you are giving her and what authority you are retaining. Don’t be afraid to fire your lawyer if you lose confidence in her.
- They are willing to ignore lack of interest and passion. You are sitting there during your first visit and you are just not feeling any energy coming your way. This should be a flashing red light warning you about bad things to come. You want a lawyer who is passionate about his work and has a fervent zeal to take care of every one of your planning needs; put together the deal you’ve dreamed of or to solve whatever problem you have. You won’t hire a new lawyer very frequently in life – be demanding and be judicious. You should walk away from hiring a lawyer believing he truly cares about you.
- They fail to insist on explicit and frequent communication. The client should set the tone and discuss expectations. Clear and frequent communication is a minimum. Today’s buzzword is “transparency” but it all amounts to being open and willing to talk about anything from billing practices to status calls to reconsidering strategy --- and to do so persistently and regularly.
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“If you have questions about owning and operating a business, and the many financial
and liability risks that you face today, please send your e-mail to
[email protected] or call me at 618.639.0461.
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Jeffrey D. Roberts, Attorney at Law w CPA w Entrepreneur
300 Commerce, Jerseyville, IL 62002 tel. 618.639.0461 and 2410 State St., Alton, IL 62002 tel. 618.466.2782
Jeff Roberts, Attorney and CPA, is the founder of RobertsLaw, with offices in Jerseyville and Alton, IL. RobertsLaw focuses on planning: estate and elder planning and probate, entrepreneur and corporate business planning; and transition planning for farmers and business owners looking to sell to outside parties or hand over the reins to family or trusted employees.
