Archive for the ‘Attorney-Client Relations’ Category

“Can I do something” is rarely the right question to ask

A common question I, and I suspect many attorneys, get asked are variations of “can I….?” A common variation of that question, almost always asked in a mock-shocked tone, is “can the opposing party/attorney…?,” “can the guardian…?,” or “can the judge…?” That variant often accompanies a story in which the possibility being considered has already […]

Real emergencies versus fake emergencies

There’s a saying that in doing work quickly, inexpensively, and accurately, you are lucky if you can achieve two of the three, but can never do all three. While obviously not an iron-clad rule, experience has shown it to be true. For myriad reasons the process of trying to rush something makes it harder and […]

Lying to your attorney makes your case more difficult and more expensive

With every contested case, I sit my client across the desk, look him or her in the eye, and give some variation on the following advice: Whatever you tell me remains confidential unless you choose to reveal it. However what you tell me guides me on what goals to pursue and what evidence to seek. […]

First you investigate

Clients, and the young attorneys I mentor, often ask me to render an opinion on their cases when their cases have just started. Specifically clients want opinions on their likelihood of achieving their goals, the length of time the case will take to complete, and the expected ultimate cost. Given that these clients are often […]

Where’s my time machine?

Where’s the time machine that a sizable portion of family law clients, and potential clients, think I have? My colleagues inform me that their clients also believe they have a time machine. If I own a time machine I’d really love to find it. I’m sure my family law colleagues feel likewise. How else to […]

Don’t end a long-term marriage unless you’re ready to amputate

I spend a bit of time talking folks in long-term marriages out of separating from a spouse with whom they are unhappy. It’s amazing how many people come to me expecting that ending their long-term marriage will be relatively painless. Instead I liken it to an amputation: expect serious, permanent loss as part of a […]

Acknowledging the obvious

In responding to discovery or pleadings, some of the responses, if accurate, will bolster the other party’s case.  Clients, even (especially) sophisticated clients, often balk at issuing a formal response that, although accurate, bolsters the other party’s case. Sometimes these clients will want to issue an evasive response. Occasionally they will want to issue an […]

How well you cooperate with your attorney should affect how aggressively your attorney pursues your goals

If a client retains me at the beginning of the litigation process it will typically take at least six months, and more likely a year or more, until his or her case goes to trial. During the litigation process I learn a lot about my client’s ability to act responsibly, pay attention, follow directions, retain […]