Like any other business relationship, lawyers and their clients can get into conflict which may sour the relationship or even end it altogether. The following are some common things that can go wrong and why it is important for a client to select the right lawyer:
1. Lack of communication on costs and expected outcomes (this can be a problem if not addressed from the very beginning of the solicitor/client relationship). Quite often a client will be happy to go with the first lawyer that tells them what they want to hear. But what they need to hear is the reality of their situation: how good their case is, is it financially worthwhile to make the claim/run the case, how long will it take, how stressful is it likely to be, whether the client will be expected to give evidence in court or not and what are the legal and financial consequences if they lose the case. The client can then make an informed choice before giving the lawyer instructions to proceed with any particular action.
2. Lack of progress reports and regular communications (especially regular invoices and updates on a client's case). Clients may feel as if nothing is being done on their legal matter when in fact it has been quite the opposite and an enormous amount of work has been done by several people in the law firm, but due to being so busy on the job, it hasn't been mentioned to the client what progress has in fact been made. Quite often the timing of a bill/invoice is not appreciated by a client when they can't see what work has been done before they pay for it. Detailed accounts will normally assist in that regard. Clients have the right to request an itemized account if their account is not already itemized to show exactly what work was done.
3. Difficulty in accessing the lawyer by calls and other communications (for example always having to leave a message or being palmed off to the assistant instead of getting to talk to the lawyer). As with point 4 below, it is important to establish expectations about communications from the very beginning. Some lawyers are available to take calls every day because they do not leave the office to attend court or go to out of office legal visits. Others may not be able to return calls for days or even a week if they are held up in court trials. Legal assistants and secretaries are usually equipped to deal with many queries short of needing the lawyer to give specific legal advice on a particular query or question and clients should make the most of that resource.
4. Personality Clashes. This often occurs when there is a needy client that need their "hand held" who is coupled with a lawyer who (although may be technically good at what they do) has little time to offer words of compassion and empathy and simply wants to get on with the job of representing the client. Lack of compassion or social skills in a lawyer may often lead clients to feel that there is no care factor for their case. Clients however may need to be open from beginning about their expectations of their lawyer and ask what is and isn't included in the legal service. Lawyers could assist clients by issuing a pamphlet or brochure about their firm, how they operate and how communications and letters are exchanged with the client and their own expectations about working with their client to help them deliver legal services efficiently and keep costs down.
5. Not keeping promises. This applies to both lawyer and client. The lawyer has to come good with promises to return a call, get a draft document ready by a certain time or other agreed expectation, otherwise notify the client if they may need a little extra time. The client has to follow through with their obligations under any costs agreement such as paying the retainer deposit and/or keeping the trust account in a floating balance for future work being done if that is one of the terms of the costs agreement. In legal aid cases where the client is not paying for the service themselves, they still have an obligation to provide clear instructions, follow basic legal advice and to notify their lawyer of important events that have taken place, including those that may affect their legal aid eligibility. To overcome disappointment at broken promises, it is important to engage clarity at the earliest opportunity in the relationship and define what is expected from each side and what is agreed. If a client is willing to engage a lawyer on terms contained in a costs and disclosure agreement, then it is prudent to be very familiar with the terms and conditions contained in such an agreement without delay.
For more information about this subject and to subscribe to a free legal newsletter, please visit http://www.rigolilawyers.com.au/ To obtain a free first consult on any new family law or deceased estates enquiry simply send an email to info@rigolilawyers.com.au
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