Your lawyer is a repository of your
trust and confidence, your most sensitive information, and
your dreams and desires. While most lawyers are good, honest
and ethical people, not all have the same business ethic. And
not all are equally skilled at all tasks. When forming a
relationship with any financial or legal professional, but
especially an attorney, consider the following.
The first question is whether your
lawyer is relationship oriented. Simply put, do you get along?
If you can't abide the presence of your attorney, you won't be
comfortable following his or her advice. This healthy
relationship factor is vital in dealing with someone who has
access to your most confidential and privileged information.
This is hard to quantify, but it's important to be honest with
ourselves and proceed accordingly.
Second, do you trust him or her
personally? Does your lawyer inspire trust, or do you question
whether you can safely repose your confidences in him or her?
Sometimes the "gut feeling" is all the warning we get, and
it's important not to ignore it.
The fact that you don't trust a
professional doesn't necessarily mean he or she isn't
trustworthy. It might just mean he or she is too distracted,
or that your personalities clash. But at times, that
deep-seated unease is a harbinger of disaster.
Third, and working hand in hand with
the personability factor and trust, is simple respect and
dignity. Any professional – any businessperson, in fact – can
be tempted to see you as a potential means of income rather
than as an individual who has been entrusted into his or her
care for him or her to serve.
Does your lawyer treat you as a unique
person who has a right to be treated with respect and dignity?
Or are you "the P. I. case in the conference room" or "the
living trust in the waiting room"? If you are an object in the
eyes of your lawyer, he or she will be tempted to use you, not
serve you.
Just having a relationship based on
trust, dignity and respect is not enough. Vital in your making
a choice of a lawyer is the sense of security that comes from
knowing that your lawyer is fully competent in the specific
area of the law in which you have a need. If your lawyer can't
explain clearly the reasons for his or her advice and the ways
it will benefit you, you would naturally wonder whether he or
she is acting knowledgeably and in your best interests.
Having a relationship with someone who
respects you and is a reachable individual whom you trust and
also who has a clear base of knowledge is the beginning, not
the end. You also need a clear explanation of how and why you
are being charged. In short, you need to understand the fees
you will be expected to pay, or the ways those fees will be
calculated, so that you are not surprised at the end.
Surprises are only good if you are getting the money – not if
you are paying it.