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LEGAL NOTIONS Myths and Realities of Client Expectations It is not unusual for a person who is seeking the advice of a lawyer to have expectations of the lawyer that are based on common misunderstandings. Many of such unrealistic expectations arise because of cleverly written television shows and movies with lawyer themes. Sometimes how lawyers may advertise their services is to blame. And sometimes the simple fact that we live in an increasingly litigious society is fuel for unrealistic expectations. Here are some of the most common myths and realities: Myth: The usual practice of lawyers is to provide a free initial consultation. Reality: Often, free consultations are offered in types of matters where the lawyer, if hired, will receive compensation for his/her services later when settlement funds are received (such as when a contingency fee arrangement is used). Myth: A good lawyer will know all the answers to all legal questions without having to conduct legal research. Reality: The fact pattern presented to the lawyer is often one that involves multiple legal issues, some of which are not common. A good lawyer will know how to find the answers. Myth: When there is no dispute of fact, all legal questions for the matter can be answered unequivocally. Reality: Many cases involve novel issues that have not been addressed before by published court opinions or by statute and so there is no precedent for the lawyer to rely upon. Myth: A good lawyer can remedy any legal wrong. Reality: Sometimes there is no practical remedy for a particular situation that a lawyer can pursue for a client. Also, sometimes appellate courts or the legislature are the only ones who can provide a remedy. Myth: A good lawyer can solve any legal problem immediately. Reality: Legal problems usually involve adversaries who will put up a fight (with or without any justification for their positions) or third parties whose cooperation is needed in order to satisfactorily resolve a matter. If a court action is involved, there are procedural requirements that affect the pace of prosecuting the matter. Myth: The mere passage of time cannot complicate the resolution of a legal problem which as been ignored. Reality: There are deadlines, which, if missed, will bar a defense or claim. Furthermore, evidence may get lost or harder to find and key witnesses may die or their memories may fade with time. Additionally, penalties and interest on any amount owed may grow significantly over time. Myth: If something is morally wrong then it is also legally wrong. Reality: The law does not always impose a legal duty on someone even if there is a moral duty. Myth: The best value in town is the law firm with the lowest rate or fee. Reality: Although fees vary from firm to firm, the services covered by a fee also vary from firm to firm. Usually the hourly fee that is charged for a lawyer's services is directly proportionate to his/her level of experience, therefore, it is reasonable to expect that rates will vary from lawyer to lawyer as well. Myth: The lawyer must have made a mistake, or was not competent enough, if the court did not rule in the client's favor. Reality: Not necessarily, judges make mistakes too, which is a reason why there are courts of appeals. Also, sometimes, there are merits to both sides and it is simply a matter of the judge (a neutral party) determining which side's position has more merit. Myth: If the lawyer does not want to handle the matter, then the matter must not be worth pursuing. Reality: There are many reasons, besides the perceived lack of merits, which may explain why a lawyer would decline to take on a matter. For example, the matter may not be within the lawyer's areas of expertise, or it may require more of a time or financial investment than the lawyer is willing or able to provide. << back to columns >> The information provided in this column is not intended to be legal advice but merely conveys general information related to the topic. © 2005-2007 Scott J. Preble, A Prof. Law Corp., Antioch, (925) 756-7111. www.PrebleLawFirm.com.
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