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Friday, October 23, 2015

Why you should never be "afraid" of your lawyer.....

I was recently thinking about a client who, when she initially retained us, told us that she was "afraid" of her previous lawyer.

I must admit I was very disturbed by what I heard. It bothered me for some time, on a number of levels - personal, professional, human....I tried to imagine what it would be like to go to someone for professional assistance and not feel comfortable asking them questions, requesting clarification of professional terms I was not grasping, and seeking reassurance on any points which bothered me. Being the extrovert I am, I have never experienced this type of relationship before but this client's experience gave me pause and it now prompts me to blog about it.




Here are points I would like you to consider:

1. We, lawyers (and many other professionals, in fact) speak a language which is very specific to what we do - it's the daily bread-and-butter of our professional life. These are terms which we use every day, many times a day, with other lawyers, with Judges, mediators, arbitrators. You are not a lawyer - you are not expected to know these terms in the first place - we are trained to understand them and use them - you are not.

2. It is your lawyer's job to familiarize you with the legal terms which are relevant to your case. You are not expected to grasp them immediately - some are quite complex. It is your lawyer's job to explain the legal terms in a way which you will understand, bearing in mind that you may be very stressed and upset by your separation and also taking into account that you may not want to hear "bad news", ie: that you may be hoping for an unlikely result.

3. If you hear a legal term or concept, it initially makes sense but then no longer does, you MUST ask your lawyer for a further explanation. You do not need to speak the legal jargon but it is vitally important that you understand the issues in your case, how your lawyer plans on addressing them and for what reason. If you do not understand the basic concepts, you cannot truly participate in your case and that is not in your best interests.

4. You should never be "afraid" of your lawyer. You should never feel your lawyer is too busy to talk to you or worry that things he or she might say will not be easy to understand. Again, it's your lawyer's job to ensure you understand what is at issue, in language which is not mysterious, complicated or fancy. You pay them for that service.

Remember that your relationship with your lawyer is one in which you hire a professional to provide you with a service but it's YOUR CASE. You need to be comfortable in that relationship. 

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