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Television’s Legal System: Fact or Fiction (Part 2)

10/31/2022

How many television shows have you watched where the client simply barges into their attorney’s office and expects a conversation? Or calls, demanding a conversation even if the attorney isn’t available? It happens more often than it should, and I say that because it’s not an accurate representation of how a client interacts (or should act) with an attorney.

Attorneys can’t be available at a client’s beck and call. They wouldn’t be able to complete the work that needs to be done on client cases. And if you have an attorney right now, you might be feeling frustrated because you’ve left a message, and your attorney hasn’t called you back. But before you consider firing the attorney or showing up unannounced at the attorney’s office, let’s look at a couple of things.

How long has it been since you called? Most of the time, an attorney can’t return your call the same day because he’s returning the calls of other clients or she’s in court, in a deposition, on the phone with a judge, working on a legal document that is needed for court, or myriad other reasons. And if your attorney is in trial, that means they’ve spent the last few days preparing for the trial. When they leave the courtroom, there is preparation for the next day. So, at that point in time, the attorney is focusing on another case and can’t shift focus to yours. When it comes time for your case to go to trial, you will want and will get that same laser-focus.

Think about why you’re calling your attorney. Is it because you want an update on your case? Then perhaps it’s something the paralegal can handle. While it’s understandable you want to talk to the attorney you hired, attorneys hire paralegal/legal assistants because of their ability to assist clients and handle the ins and outs of the legal office. Most of the time, they can answer your question or, at the very least, ask the attorney for an answer for you which will enable you to get what you need quicker.

Are you calling because you have something you think your attorney needs to know? That is something that can also be relayed to the paralegal. It’s understandable that you want to know your attorney is working on your case, but it’s essential for you to understand that if your lawyer does take your phone call, more often than not, you want to rehash something you’ve already shared, feel the need to vent over your entire legal situation, or express your frustration over the amount of time it is taking for your case to go to trial. Is that really an effective use of your attorney’s time?

And, if you’re paying your lawyer by the hour, every conversation you have is costing you money. Instead, if you allow him/her to do the work for which you hired them, you will keep your costs lower.

Finally, if you become frustrated because you can’t talk to your attorney on the phone and decide to show up at the office, you’re likely to be even more disappointed than you are awaiting a phone call. You can’t walk into your doctor’s office, your accountant’s office, or any number of other offices, and expect to be seen without an appointment. Yes, it’s frustrating, but what you see on television isn’t what really happens.

So if you really believe you need to talk to your attorney, call the paralegal or administrative assistant and schedule a telephone call or an in-person appointment. Yes, you might have to wait until the attorney has a clear spot on the calendar, but at least you’re guaranteed time to talk.

Television’s Legal System: Fact vs. Fiction (Part 1)

9/6/2022

Television shows are created for entertainment. Unfortunately, they also create a level of believability. Unless the series is straight out fantasy or science fiction, audiences can reasonably believe that what they’re being shown is truthful. How are they supposed to know a lawyer can’t yell at a judge in court if they’ve seen it on TV multiple times, especially if the series they’re watching is a drama?

Over the years, we’ve all seen the machinations that go on behind-the-scenes in lawyer’s office through the lens of our televisions and now our streaming devices. Unfortunately, what is being shown is often used for dramatic effect or due to time constraints.

Just as what you might see on a medical drama isn’t always possible, neither is what you see in courtrooms or in attorneys’ offices onscreen. Much of it is for dramatic effect and to keep you entertained. In reality, no one would want to watch what really goes on in a lawyer’s office as it’s mostly paperwork and a lot of phone calls, and though the inside of a courtroom can get interesting, it’s usually because of the subject of the trial rather than the actions of the people involved.

An attorney can only work within the bounds of the law and the rules and guidelines set out by the judicial system. They can’t make your case go any faster, and once it does reach the trial stage, they can’t insist the judge speed things up in the courtroom.

But, because there have been decades of law series on television, it’s understandable why you could expect your case to speed along through the judicial system in two days, three at the most. After all, trials wrap up in one hour on most legal series which is why it’s important to separate fiction from reality.

So many attorneys on TV pop up to object like Jack-in-the-Boxes, making it easy for someone to expect their lawyer to be a little more vocal in court. And you could very well be shocked to see the judge speaking so sternly to your attorney who isn’t saying anything other than, “Yes, Your Honor.” We’ve all seen one too many attorneys stand up to judges onscreen, but that isn’t reality. A courtroom is controlled by the judge, and in no instance is it ever acceptable for an attorney to lambast that judge. It might be dramatic, but it could also be detrimental to that attorney’s career.

Watching a real-life case unfold on television can give you a good idea of how things really work in the legal process, but if you’re tuning in to a drama, remember that it’s created to appeal to viewers. Though the series might have a lawyer or law consultant onboard to help keep the story close to the truth , there is little chance of highly volatile dramatic tensions in a real courtroom. In fact, most lawyers go their entire career without yelling at one judge or miraculously wrapping up a case in three days. It’s disappointing, but it’s reality.

What Should You Expect When You Hire An Attorney?

7/17/2022

If you need an attorney for a civil litigation case, you probably have expectations that seem reasonable to you. You’re hiring an attorney because legal expertise is needed so that attorney works for you. While that’s true, legal representation isn’t the same as hiring the neighborhood teen to mow your lawn where you can look out your window every sixty seconds if you desire to see how things are progressing.

If the teen doesn’t mow your lawn exactly how you like it, you can ask them to take another crack at it. You also control exactly how short you want your lawn and how much time it will take to get it mowed. You can also have a conversation with the teen at any time during the mowing process as everything is according to your schedule. But that’s not the process when you’re working with an attorney.

The attorney will need proof to back up your claims. Whereas you don’t need to prove that your lawn needs to be mowed, an attorney can’t just take your word for it that you have been wronged. Evidence must be submitted to the court that proves your case. So you will need to gather paperwork and submit it to your attorney. This will likely be an ongoing process.

Though you are the client, you can’t necessarily call all the shots. While you can ask for certain things, there will be many times when the attorney will have to say no. For instance, while you might wish for your attorney to talk to every member of your family that knows about your situation, oftentimes, that’s not a reasonable use of their time nor will it benefit your case. This is where you need to trust that your attorney knows more about how to prepare your case than you do.

Understand your attorney’s schedule. While your case is important, it’s virtually impossible for an attorney to be available to speak with you or meet with you if you call or show up unexpectedly. An attorney keeps a fairly tight schedule so it’s always best to call for an appointment rather than running the risk of showing up and being turned away.

Your attorney cannot make any guarantees about how your case will be resolved. You feel you have been wronged so it’s understandable that you want justice or your day in court, so to speak. You’ve seen a television ad that said this attorney settled one client’s case for half a million dollars, and that’s what you want. And while your attorney would love to make that happen for you, it’s not something that can be guaranteed. So when you’re looking to hire an attorney, don’t expect the same results that anyone else has received.

Expect to wait. After a lawsuit is filed, there may be long stretches of time when you hear nothing from your attorney’s office, and that’s because civil litigation takes a long time. Your attorney or the paralegal isn’t going to call you every week just to tell you there’s nothing to tell you. If you do decide to call or email because you must know what’s going on, you should understand that the answer to that might very well be there’s nothing to tell. Does that mean that nothing is happening? It means your case is still pending in court. It means there are hundreds of other cases that are ahead of yours because those cases were filed first. It means it takes time for your case to go to trial.

An attorney cannot speed up the legal process. Waiting will, at times, be frustrating, but your case will have to take its turn through the court system. It will churn along the same path as other cases, and there is nothing your attorney can do to make sure your case goes to court before you go on vacation or gets wrapped up by the time you get back from vacation.
So if you are in the position of needing an attorney, you should understand that a lawyer knows what is needed to present your case in court. You should feel comfortable with the one you hire and be able to trust the expertise behind the lawyer because a lawsuit may take a lengthy amount of time, and it could test the limits of your patience. But sometimes, a lawsuit is the only way to right a wrong that has been done to you.

How has COVID Affected Lawyers?

2/23/2021

Like other businesses, law firms are experiencing huge challenges as they learn to adjust and adapt to the COVID-19 pandemic. Many areas of law are struggling while others are in high demand. With most courts closed, business is not going as usual.

When the pandemic first started, many law offices took precautionary steps to protect their staff and their clients. Travel was banned to hot spots, and employees were asked to work from home. When the crisis got worse, staff were let go; many support workers lost their jobs. Law offices were among those considered “non-essential” and had to close for several weeks.

Litigators and those who work on contingency cases were the most drastically affected by the pandemic. Since courts were closed, no hearings, trials, or depositions could occur. Those offices are still facing an uncertain financial future as the crisis shows no signs of ending soon.

Also affected are lawyers who specialize in business mergers and acquisitions. Their clients are too nervous about an uncertain future to make any large financial decisions. Businesses are waiting for the pandemic to be over before spending large amounts of money.

However, there are certain branches of law that are seeing a large increase in clients. Attorneys who specialize in insurance are needed to help clients understand coverage and exclusions. Employment lawyers are advising companies in regards to employee safety and layoffs. Attorneys who specialize in cyber security are in high demand now due to the number of businesses that are working remotely. These three types of attorneys are expected to be desperately needed for the foreseeable future even as the pandemic comes to an end.

Law firms are making changes to how they serve their clients while the COVID crisis goes on.
Many are serving their clients through video calls and virtual meetings. Lawyers are still writing letters and briefs to help their clients.

When the COVID crisis is over, lawyers will, most likely, be deluged by both old and new cases. Most experts agree that the skills lawyers used to weather the pandemic, such as working remotely, using videoconferencing, and keeping a smaller staff, will continue for months or years after the crisis is over.

Why Hiring a Local Attorney is so Important

2/28/2020

When you need to find an attorney, doing a search on the internet seems like the best way to find just the person you need. However, doing a search can give you names of attorneys who aren’t the right fit for you.

For example, if you purchased a vehicle that isn’t what the seller promised and that person refuses to let you return the car or help with repairs, you may need an attorney that understands the “Lemon Law.” When you search the internet, you may get a long list of names of national attorneys, but they may not know the local laws and customs in your legal community.

When you call, the attorney may say they can help you with your case but still may not share whether he/she has successfully handled cases like yours, whether he/she is licensed to file a lawsuit should he/she not be able to settle your case, whether he/she will try your case if necessary, or whether he/she has ever tried a case like yours. By hiring a local attorney, you can check into their experience easier and ask friends and family what attorney they recommend.

Here are several reasons to choose a local attorney:

1. Convenience--This reason may be obvious, but many people seem to think that an attorney from a large firm in a big city is always the best option. Some big firms have satellite offices, but if the attorney’s main office is an hour’s drive from the satellite, they may not be willing to meet you as often as you want.

Without a local office, you may be reluctant to set up meetings with your attorney as often as you want because of the time factor. Having to travel to see your attorney just adds stress to an already stressful time in your life. It is also very handy to be able to get from your attorney’s office to court in a short amount of time.

2. Knowing the Attorney’s Reputation--If you just choose the first attorney that you find during your internet search, the only thing you may know about that person is what you read on their web site. By choosing someone local, you are able to ask around about the attorney and the type of cases they usually handle. When you hire an attorney, you want to be sure that they have experience in the type of case you have – family law, personal injury, fraud, etc.

A local attorney is also more likely to want to maintain a positive reputation in their area. You will be able to ask which attorneys are held in high regard with other members of the court system. They will also be more likely to come prepared because of wanting to uphold their positive reputation. An attorney that isn’t local and may never appear in that court again won’t be as concerned about being prepared and making a good impression with the court.

3. Someone Local will Know how the Court Operates--It may seem that every court operates exactly the same way, but that isn’t necessarily true. While laws may be similar, every state, even every county, has laws that are specific to that area. Every judge has their own way of running their courtroom and may have their own opinions of what type of arguments are the most persuasive.

Someone who isn’t local won’t know all of this about your local court system. They may inadvertently make a mistake that could cost you your case. When your attorney understands how the local system works, they also know to present your case in the best light.

Some rules that change from system to system include whether to stand when talking to the judge and who has to be at a hearing. A local attorney will know what is expected in your court system and will be able to avoid making simple mistakes. A visiting attorney will never be able to know or remember all of the rules of every court, so a local attorney is always the better choice.

When you start your search for a local attorney, ask friends and family for their recommendations. Even if they have never needed an attorney, they may know someone who has used one. Call local attorneys and schedule a time to meet. The best way to choose an attorney is to discuss your needs and see which one seems to really listen to you and has the most expertise regarding your type of case.

Top 5 Reasons You Need a Local Lawyer Handling Your Case

10/28/2019

In a world where you can Google, search the internet, and even get legal counsel, it may seem strange to have a local lawyer. But ask yourself this, would you want a to see a medical professional you have never met before treating you for something serious? Then this area of your life shouldn’t be fast tracked to the internet either. You need a local lawyer in your corner for many reasons.

Laws Differ: State laws, local laws, and even local ordinances can affect your case. Local lawyers can determine all the nuances of your case and be able to protect you better. Lawyers can write your will, work through a divorce, help you set up guardianships for your children, and sell your home. They can also help with businesses by setting up your LLC or Sole Proprietorship, creating contracts, protecting you from lawsuits, and even meeting state and federal compliance.
Whole Story: Meeting with a local lawyer allows him/her to ask follow-up questions to see the entire picture. They will be able to pick up on visual cues, verbal cues, and even your body language that will enable them to guide you in telling your story in a more caring manner.
In the Know: Local lawyers know local judges and other lawyers. This knowledge may be beneficial to your case as they already know what judges prefer when trying a case and how to interact with attorneys that may be representing your opponent.
Accessibility: You are able to meet at a mutually agreeable time. All of us have had appointments that are hard to keep, hard to get off work for, and even set for one time and three hours later you are still in the waiting room. Local lawyers realize your time is precious and try to ensure that their schedules reflect that for each of their clients.
Cost: Local lawyers typically cost less, but even if they don’t, you’ll spend less money utilizing a local lawyer because they are already familiar with the state laws. Attorneys operating outside of the state, like through a lawyer mill, will need more time to review the cases and laws that support your case. Local attorneys already know what causes of action will apply to your case.

Protect yourself by seeing a local professional for any legal issues that arise in your life. Knowing that someone is in your corner and protecting you legally gives you substantial peace of mind. Having that person be there through some of your more difficult life moments is irreplaceable.

Help Me Help You

3/28/2013

I really wonder if what lawyers see today is a product of our culture or just the byproduct of human nature. Are the actions of people today different than those of our ancestors 100 years ago? 2000 years ago?

Many of the lawyers I know truly want to help people because they know people make mistakes. Lawyers try to make sure the punishment fits the crime. However, some clients make it more difficult and sometimes impossible.

Imagine you’re a lawyer. You’ve told your client who was accused of murder the odds of winning, losing, and what would happen if your client loses in front of a jury. Your client decides to take the deal offered by the prosecutor. You show up at court to present your client to the court, and you hope the court will accept the deal offered by the State. You look over and in walks your client. He seemed like a nice enough guy. The court calls your case. Your client stands up, takes off his shirt, and reveals another shirt with the word “KILLER” written on it. It’s the same shirt he wore during the killing. What do you do?

Well, it happened to a lawyer in Ohio. If you showed up in a Roman Court for murder, would you wear something designed to inflame the person who was going to sentence you? If you had been picked up by the Inquisition for being a heretic, would you show up wearing a symbol associated with the black arts?

So what is a lawyer supposed to do in that situation? There’s not much he can do. Most lawyers work hard for their clients. What clients have to do is work hard to help their lawyers. It has to be a team effort...at least it should be.