Comments on: Second-Guessing Your Attorney http://www.rhdefense.com/blog/my-practice-experiences/second-guessing-your-attorney/ The Legal Blog with the Really Low Standard of Review Tue, 09 Mar 2010 13:32:46 -0800 http://wordpress.org/?v=2.9.1 hourly 1 By: peninsulawyer http://www.rhdefense.com/blog/my-practice-experiences/second-guessing-your-attorney/comment-page-1/#comment-755 peninsulawyer Fri, 20 Nov 2009 13:48:22 +0000 http://www.rhdefense.com/blog/?p=1223#comment-755 sounds familiar... although as I don't deal with litigation it tends to be people wanting off the cuff advice on how to deal with a shareholder dispute or negotiate a contract without providing any of the relevant details or background. I am always happy to speak to potential clients, get some details and discuss how we could help them out - but before I can actually provide advice they need to engage us to act, sign an engagement letter, deal with our client ID requirements etc. etc. Otherwise we are taking on a whole heap of risk without being paid for it - which isn't really the way to do business... sounds familiar… although as I don’t deal with litigation it tends to be people wanting off the cuff advice on how to deal with a shareholder dispute or negotiate a contract without providing any of the relevant details or background.

I am always happy to speak to potential clients, get some details and discuss how we could help them out – but before I can actually provide advice they need to engage us to act, sign an engagement letter, deal with our client ID requirements etc. etc. Otherwise we are taking on a whole heap of risk without being paid for it – which isn’t really the way to do business…

]]> By: Joni Mueller http://www.rhdefense.com/blog/my-practice-experiences/second-guessing-your-attorney/comment-page-1/#comment-750 Joni Mueller Fri, 20 Nov 2009 06:12:09 +0000 http://www.rhdefense.com/blog/?p=1223#comment-750 Oh, it's the same thing in the web design world. I was beginning to think we web designers were the only ones being solicited to hang the moon and stars for free. The problem, when dealing with humans in any situation, is that they will always tell the story that puts them in the best light; it's human nature and it cannot be helped. But expecting you to read between the lines, ferret out the truth, pore over documents and speak to others who may have salient information FOR FREE? That takes balls of a magnitude I haven't seen in a long, long time. :) I also find it interesting that Andrew Anonymous put HIS spin on what is and is not "pertinent" information. It has to be up to the lawyer to decide what's relevant and what's not. The client's job is to TELL ALL, period. Give his attorney all the facts, whether they are pretty or not, so that his attorney can do HIS BEST JOB to defend the client. Why don't they get this? Oh, it’s the same thing in the web design world. I was beginning to think we web designers were the only ones being solicited to hang the moon and stars for free.

The problem, when dealing with humans in any situation, is that they will always tell the story that puts them in the best light; it’s human nature and it cannot be helped. But expecting you to read between the lines, ferret out the truth, pore over documents and speak to others who may have salient information FOR FREE? That takes balls of a magnitude I haven’t seen in a long, long time. :)

I also find it interesting that Andrew Anonymous put HIS spin on what is and is not “pertinent” information. It has to be up to the lawyer to decide what’s relevant and what’s not. The client’s job is to TELL ALL, period. Give his attorney all the facts, whether they are pretty or not, so that his attorney can do HIS BEST JOB to defend the client. Why don’t they get this?

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