It is common for Lawyers to dedicate our time and our thoughts to legal analysis, for the role of the legal professional in society to be shown as a technical contribution with a legal focus, often misunderstood by citizens. This practice reflects the passion for sharing ideas within an honorable profession that fills us with happiness, but which – for the same reason – is limited to the understanding of those of us who are in one way or another linked to the knowledge of law legal separation attorney.
“It is common for Lawyers to dedicate our time and thought to legal analysis”
For this reason, on this occasion I decided to direct my thoughts and reflections towards citizenship, which constitutes the reason for being of the laws, rights, jurisprudence, in general, of all the institutions and legal figures to which We legal scholars dedicate ourselves.
The famous aphorism ubi societas ibi ius “where there is society there is law”, represents a thought that should remind us Lawyers that we must direct social progress hand in hand with citizens, understanding the realities that our people live, being there, with them, with everyone, among everyone.
Consequently, it is my desire to provide some advice for a good rapprochement and understanding between the legal professional and the citizen who requires their services. This is about having come across cases where legal professionals leave much to be desired and denigrate the good name of the Lawyers.
I do not intend to establish strict rules for the hiring of Lawyers, nor a “top” of rigid observance in the hiring of legal services, much less – it should be clarified – to dismiss this noble profession, nothing is further from my intention.
Regarding this opportunity, I must take the opportunity to emphasize my antipathy for the term “client” because of the commercial interaction that it denotes, since the client is to the lawyer what the patient is to the doctor, there is a relationship beyond the commercial and it is the search for Justice.
In this short essay, I intend to bring to my friends, family, “clients” and readers some reflections that have worried me in recent days, about the aspects they should consider when hiring a Lawyer and prevent their conflict from turning into a conflict. an anvil Given the conditions of a profession as dynamic as law itself, surely your experiences in hiring lawyers will gradually enrich this work. I will appreciate your comments. Without further ado, here are some tips on how to hire a Lawyer:
- Avoid free procedures directly. – I start by pointing out this somewhat controversial advice. The State offers free services, for example for the payment of labor settlements, it facilitates the incorporation of companies without the need for the signature of a lawyer, the Constitution even allows citizens to file jurisdictional guarantees such as protection action without sponsorship – initial- of a Lawyer; That is to say, the citizen on many occasions has an open letter to do without a Lawyer and protect his interests on his own.
This practice, like self-medication, can yield positive and negative results, let’s see.
I have known cases of workers who are fired untimely, several days later, faced with the difficulties of unemployment and lack of settlement, they opt for a free procedure and file a complaint for the payment of their settlement, when they fill out the form provided by the public institution, They are unaware that their termination of the employment relationship was irregular, however they generate a simple payment request, the entity grants the employer a period of time to proceed with the payment and the latter formulates a deposit, the worker receives the deposited amount which in Later he considers it laughable and just then decides to consult with his Lawyer what he can do. If the same worker had opted for a different order in his actions and had initially consulted with his legal advisor, the result would surely have been different and favorable, possibly he would have paid for a consultation and made his administrative claim (free of charge) for payment. of his liquidation plus the compensation that corresponds to him for untimely dismissal.
The same occurs with the constitution of companies, where the corporate purpose ends up being insufficient, the operation of the shareholders’ meetings is not correctly defined, etc.; What can we say about jurisdictional guarantees such as a protection action without the signature of a Lawyer, where the same rights are at stake. If your financial condition is limited, try to go to a Public Defender or law firms that have pro bono programs and can help you resolve your legal conflicts.
- Look for a specialist.- In a globalized world in which the demand for goods and services is increasingly diversified, it is necessary to have professionals specialized in the subject for which advice is sought. The existence of specialized areas such as intellectual property, telecommunications or computer law was possibly unthinkable many years ago. The world does not stop, and with it, the law evolves day by day. Looking for a legal professional specialized in the area that needs advice is key to enjoying legal guidance that can give you confidence and security.
If you go to a law firm where a Lawyer “knows everything”, doubt it, it is possible that the professional’s years of experience can provide him with knowledge in several areas in which he can advise you with some solvency, but keep in mind realize that the law is a universe and each area of it a galaxy to explore; A different thing is that you go to a professional firm that has advice on various matters with lawyers specializing in each of them. One aspect of professional ethics lies in not assuming commitments that cannot be fulfilled. Personally, if someone consulted me about tax matters, my best advice would be to recommend a colleague who is an expert in the field.
- Ask him about his fees. – The common denominator of the problems between Lawyers and clients is the fees, it is important that prior to your appointment with the Lawyer – even if it is the first – ask him if he will charge you for the consultation, keep in mind That the Lawyer is a professional who dedicated many years of his life to be what he is, value professional work.
Within this section it is important to keep in mind that legal problems are not solved with a consultation, with the filing of a lawsuit or a request for mediation, but it can be the beginning, so you must be patient and understand that there must be proportion between the fee to pay and the knowledge plus the management carried out by your Lawyer.
Ask him the scope of his fees, knowing what is covered by the amount you pay for the professional services of your Lawyer is essential, in many cases a trial can be resolved in the first instance, but remember that there is an adversary who also intends to succeed in the legal dispute, so there will possibly be an appeal and other additional instances in which you must maintain the litigation, this will generate additional procedures for your defender and additional expenses for you, so you must know precisely what the fee entails. Likewise, within a lawsuit against you in court, there will probably also be a related administrative complaint. If your Lawyer has knowledge of administrative law, it is preferable that he also defend you in this area as well and have a line of defense that is not contradictory, of course you should consult him about the additional fee, remember that experts in judicial matters do not always master administrative matters (do not forget the previous advice).
To conclude this point, it is worth highlighting that you must know the fee you will pay, do not wait for the process to finish to pay, as the success of the case could generate a fee that surprises you. If you decided to entrust your case to a Lawyer who has not yet indicated the value of his fees, ask him for a quote. For Lawyers, determining the fee to be charged is also complex since there are several factors that come into play, the best way to Both parties reaching an agreement on costs will take time to make a quote, but always have a written agreement to refresh your memory.
- Avoid changing Lawyers for the same problem.-There are several reasons that lead to a lawsuit being defended by more than one Lawyer, issues that range from apparent abandonment to non-payment by the same client. Make sure that your case is handled by the same Lawyer, since he is the one who defined your defense strategies that may not be well understood by a professional hired later. For example, there are certain claims that cannot be reformed, or after the proof stage it will undoubtedly be more complex to articulate the allegations of the case to a Lawyer who is just beginning to study the process.
To avoid impasses, it is necessary that there be a good relationship between the Lawyer and his client, which I will address in the following tips.
- Require simple language – just as your Lawyer will know how to understand your intentions, you have the right to understand what your legal advisor tells you, the right is made up of complex terms, it is not necessary to pronounce incomprehensible words to appear more intelligent or pretend to be a top-level advisor, words like “auto” can confuse you, just imagine you asking about the status of your trial and your advisor answering: “the judge has already requested orders to resolve”, in simple language it will be enough for your advisor to tell you indicate that the trial is close to being resolved and not make him believe that the judge asked him for a vehicle.
In order for you to obtain the results you expect, you need to know what your legal advisor will do, which is why it is essential to understand with absolute precision what your advisor will do. If you don’t understand something, ask for explanations or find an advisor who can make you understand.
- Know about your case.- entrusting a legal matter is extremely delicate, it could mean more than money, your rights. Knowing about the case entrusted to your legal advisor is essential to achieve the desired objectives, so it is advisable to agree with your legal advisor on the manner and time in which the progress of your case should be reported. This agreement is necessary for convenience. both the Lawyer who has several matters to attend to and not just yours, as well as you who have a very important matter entrusted to the legal professional, if you suffocate your advisor with unnecessary insistence you may prefer to leave your case, but if you neglect your case then it may be too late.
- General powers of attorney are never strict. – Unless you do not have family members who can act for you or you exceed your trust in your Lawyer, keep in mind that it is not necessary to grant general power of attorney to your legal advisor that enables him to be you. same.
Sponsorship requires very specific authorizations or a judicial process that will be granted to the extent of your needs.
- Don’t trust the promised success (or ask for it).-When you consult with your legal advisor you will know the favorable and adverse points of your case, good communication and understanding will let you know that there are risk factors even in the simplest cases.
It is unethical to predict success, everything can be complicated by multiple factors, for the same reason it is not prudent to request or ask your advisor if they will win the litigation.
- Share goals. – The balanced treatment between the Lawyer and his client is based on the fact of sharing goals, I once heard a Lawyer say that the trial did not go badly for him but for his client, I thought he was wrong, now I am convinced.
The satisfaction of the duty fulfilled, the professional prestige, the good name, the economic component and many other factors develop when a Lawyer takes on a case, for his part the client aspires to obtain favorable results of the desired results, justice, peace, enjoyment and exercise of their rights. Exchanging these goals will foster a professional relationship that will surely lead to a long friendship.