Maximum Effort
by
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The Ten Commandments of Engaging Attorneys
- Know What You Want
- Be Organized and Do Your Homework
- Be Honest
- Be Realistic and Reasonable
- Be Involved
- Ignorance is Not Bliss
- Litigation is Not the Best Policy
- Accounting
- Trust Your Attorney
- Accept Responsibility
KNOW WHAT YOU WANT
An attorney is trained to analyze facts and applicable law, predict with reasonable certainty what actions can or cannot be taken within the parameters of the law, and when necessary, protect his or her client's interests in any legal forum. What an attorney is not trained to do is read minds. If you want to play "Twenty Questions" with the attorney while they try to figure out what you want, have that checkbook ready.
As we discuss in the next section, organization is a key to properly getting your relationship with an attorney off to a good start. However, it is equally important that you identify ALL of the factors which will make any resolution a successful one. This is not to say that all of your factors can be satisfied, indeed, some may not. However, once you can identify the tangible and intangible factors in your perception of success, the attorney can begin to address each and every one of them. Otherwise, it is equivalent to expecting a fighter to go into the ring with one hand tied behind his or her back.
BE ORGANIZED AND DO YOUR HOMEWORK
Whether you are planning on hiring an attorney on a contingent fee, flat rate or hourly rate, you need to compile and make a copy of all the necessary paperwork which the attorney will need to review. If in doubt, copy it. Why? Because if you want the attorney to quickly assess your challenge, and be able to advise you of available options, he or she must be informed. The attorney needs to know not only the good, but the bad, about your matter. If time consuming attempts are required for the attorney to get all the facts, your matter either becomes expensive (hourly rate) or delayed (contingent fee and flat fee).
A brief checklist would include"
- Prepare a legible, preferably typed, chronological narrative of the events leading up to the problem or issue requiring an attorney's intervention.
- Prepare a list of persons, their address and phone number, with knowledge of the events or issues. Indicate what you expect these persons to know or tell the attorney if asked.
- Prepare a list of your questions, and what goals you want the attorney to accomplish.
- Prior to the first meeting with the attorney or substantive phone call, mail or deliver all this documentation to the attorney for prior review.
While time consuming for you, this routine saves considerable time spent going over the material in the attorney's office, and allows the attorney to do any preliminary research.
It is important for the attorney to not only understand the facts, but to understand your emotions, goals and values as they relate to a successful resolution of the conflict. However, there is a productive and unproductive approach to communicating these non-tangible issues. At the meeting, initially stick to the facts and issues needed to be addressed. As much as possible, discuss your emotional, moral and spiritual concerns in an as organized manner as possible. Frankly, rambling discussions or cathartic explosions not only cost you money, but make the attorney wonder if the non-tangible completely outweigh the tangible.
Why is this latter perception a problem? Attorneys may be counselors in the sense they will listen and make suggestions about a course of action or conduct. However, when it comes to our real life capacity to effect changes and resolve disputes, attorneys deal almost exclusively with the tangible. While there are causes of action in defamation, tort of outrage, etc. which arise from someone making you "feel bad"; at the root of these claims are tangible actions or omissions which create tangible, objective damages for the claimant. The exceptions to this reality are so infrequent as to be akin to being struck by lightning.
At the same time, every experienced attorney realizes that resolving conflict to the satisfaction of the client sometimes is less a product of tangible results, than the intangible rewards to the client. Even if a result is objectively minimal, if it satisfies the emotional, moral, or spiritual needs of the client, the client will leave the attorney with good feelings. On the other hand, as we have discussed elsewhere in this field guide, even when the client wins "big", if the emotional, moral, and spiritual values are not resolved in the "win", the client can go away angry, dissatisfied, and disgruntled over the civil justice system. The real-life limits of both the criminal and civil justice systems do not make satisfying the intangible and tangible needs of the client a "walk in the park".
BE HONEST
Your discussions with your attorney are confidential. Tell all the truth, not just what you think will make the attorney like you, or think you have a good case. Sooner or later, the truth is going to come out. If the truth means you do not have a case, it is better to know it right away, instead of thousands of dollars later.
BE REALISTIC AND REASONABLE
With rare exceptions, courtrooms are not the place to campaign for some perceived moral imperative or to vindicate your honor. Disputes generally mean there are two sides to the perceived problem. When all the legal trappings are removed, what the judge or jury are going to do is seek a "fair and just" solution for both sides. Save yourself some money and try to settle the case on the same basis.
Reason is all too often forsaken for emotion when disputes arise. In many cases, lawyers are hired to do what clients cannot do themselves, e.g. figuratively beat the living daylights out of the "opponent". Unfortunately, for many of the "brethren", nothing intimidates a lawyer more than the fear of being thought " a wimp". Clients have a right to insist that their attorney aggressively advance their interests. However, persistent hardball tactics and senseless, obstinate positions do little to solve any problem except deficiencies in the attorney's bank account. There are times to stand firm and other times to compromise. Let your attorney know you won't think less of him or her if they use their professional judgment to know the difference. Otherwise, do not complain when your pit bull lawyer sends you a second mortgage application along with the bill for his or her legal mayhem.
BE INVOLVED
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About the Book
There are many self-help books on the market which in one manner or another suggest techniques to "get what you want". These techniques range from the seductive to blunter forms of coercion, and generally fail to take into account the entire equation, the people from whom your "wants and needs" are satisfied. More importantly, while manipulation of other people's emotions and actions may deliver short-term results, sooner than later your victims will figure out your tactics and become less responsive or even hostile to your desires.
Achieving maximum effort requires a combination of knowing the basics of the legal system, understanding the constraints and forces that define an attorney's world, being clear about your own role and intentions, and managing the overall effort. This field guide attempts to provide insight, guidance, and the rules of engagement for how to achieve maximum effort with your attorney. It is the goal of this field guide to help the reader achieve a similar level of competence and confidence in dealing with your legal challenges, and the team of professionals you will engage to assist you.
About the Author
John C. Peick is a principal in the firm of Peick & Associates, P.S. and practices law from offices in Bellevue, Washington. Mr. Peick practices in the areas of healthcare/business law with an emphasis on healthcare providers and clinics, and serious personal injury or wrongful death claims (excluding medical malpractice).
He is a graduate of the University of Washington with a B.A. Political Science in 1972. He attended the University of Iowa School of Law in Iowa City, Iowa, transferred to the UW Law School in 1973, and graduated in 1975 with a Juris Doctor (J.D.) degree. He is a member of the Washington State Bar Association (1975), U.S. District Court, Western District, Washington (1975), U.S. Tax Court (1976) and Ninth Circuit Court of Appeals (1998). He is a member of the Washington State Bar Association, American Bar Association, American Health Lawyers Association, Washington State Trial Lawyers Association, American Trial Lawyers Association, and National Association of Chiropractic Attorneys.
He has taught law courses on the community and 4 year college level, and been a frequent speaker at various healthcare provider seminars or meetings, as well as a speaker at legal professional seminars. He regularly contributes articles on regulatory compliance and other legal healthcare issues to local healthcare provider publications. You may email Mr. Peick at jpeick@peick-usa.com or call at 425- 462-0660.
David Matteson has for over 25 years explored the nature of ideas and their expression, innovations in the market place, and relationships between people, public policy and social systems. From this macro worldview he has helped dozens of executive teams, non-profit boards, and business leaders manifest their visions and ideas into practical, clear, real-world actions. His work helped them define their objectives, design action steps to obtain them, and successfully execute their plans. He has a well-earned reputation for building bridges of trust and designing business solutions for and between groups with diverse interests.
Matteson acts as a consultant to provide innovative dispute resolution and facilitated decision- making services to businesses whose products and services triggered public debate. Today, Matteson provides his clients a sophisticated boutique consulting practice offering an array of services in executive leadership, business start-up and development, corporate and marketing communications, and issues management. Matteson's ability to develop integral solutions, creatively combining multiple business dynamics, makes the firm's services uniquely valuable in pursuing unprecedented opportunities and resolving complex problems.
Mr. Matteson is uniquely qualified to accomplish these business leadership and sophisticated communications tasks. He has held several senior management and executive corporate positions, mediated and facilitated numerous complex issue processes, and been personal advisor to many senior executives. In addition to his undergraduate degrees in Environmental Biology and Civil Engineering from Union College in New York, he holds three advanced degrees: a Master of Public Health and a Master of Public Policy from the University of Hawaii, as well as a Master of Science in Education from the State University of New York at Albany. Additionally, he is a certified mediator and trainer, and is accredited in public relations. You may email Mr. Matteson at matteson@seanet.com or call at 425-670-2254.