What to Expect From Your Lawyer
Presentation by Robert
S. Bennett
“What To Expect From Your Lawyer”
The Peoples Law School
Krost Hall
University of Houston Law Center
Saturday April 13, 2002
Introduction
What we want to accomplish with an attorney is many times a matter of perception.
We may be looking at what we want an attorney to do and the attorney may be
looking at what can be accomplished. And these maybe two different realities.
It reminds me of the story of a class of aspiring psychiatrists
who were attending their first class on emotional extremes – how to
distinguish strong differences.
"Just to establish some parameters," said the psychiatric professor to
the student from the University of Texas, "What is the opposite of Joy?"
"Sadness," responded the student.
"And the opposite of depression?" he asked the student from Rice.
"Elation," was her reply.
"And you, sir," he said to the agricultural student,
"How about what the opposite of woe?"
The farming major thought for a moment and then replied, "Sir, that would be giddy-up!"
1. HOW DO I FIND AN
ATTORNEY?
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Talk to family and friends regarding their experience.
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Consider advertisements (check web site!)
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Call the Houston Lawyer Referral Service (713-237-9429).
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Call the State Bar of Texas Lawyer Referral Service (1-800-252-9690).
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Identify your problem and look for an attorney who specializes and/or has experience with your problem area.
2. HOW NOT TO FIND AN ATTORNEY
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Because the attorney ran an ad in the Green Sheets.
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Because he is your Cousin
Vinny.
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Because you saw him on Television.
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Because he is your neighbor, member of your faith, or goes to the Kiwanis Club with you.
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Because he spoke at the Peoples Law School.
3. HOW SHOULD I HIRE A PROSPECTIVE ATTORNEY?
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Determine the problem that you have.
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Prepare a List of Attorneys.
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Research the names on your list – google the lawyer.
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Audition the lawyer.
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What is his or her level of experience with your specific situation?
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How many similar cases has the attorney handled during the attorney’s career?
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How successful has the attorney been with these cases?
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Will the attorney provide the names of his or her clients?
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Is the attorney board certified? What does this mean?
4. WHAT TO DO IF THE RELATIONSHIP GOES SOUR?
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Fee Resolution Committee (713-759-1133).
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Grievance Committee (713-759-6931).
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Client Attorney Assistance Program of the State Bar of Texas (1-800-204-2222 ext. 1760).
5. CLIENTS BILL OF RIGHTS
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Clients have the right of prompt return of telephone calls or e-mail.
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Clients have the right to receive copies of all important papers.
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Clients have the right to a detailed monthly billing statement.
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Clients have the right to have promises made to them kept.
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Clients have the right to the truth, even if it hurts.
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Clients have the right to their lawyer’s best effort.
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Clients have the right to know what is going on with their case.
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Clients have the right to confidentiality.
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Clients have the right to have their attorney comply with the Texas Disciplinary Rules of Professional Conduct.
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Clients have the right to be treated with respect.
ALL information is based on Texas Law. The law in other states will often be different.
This material is provided for information purposes only. If legal services or other expert
assistance is required, the services of an attorney should be sought. 6.
ADDITIONAL MATERIAL
A. How should you make the choice?
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Trustworthiness
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Simpatico
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Enthusiasm
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Judiciousness
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Assertiveness
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Experience
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Economy
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Ability
B. Client responsibilities
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Tell the truth, the whole truth and nothing but the truth
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Be Prepared
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Pay your attorney
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Comply Promptly with Your Attorneys Requests
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Avoid Emotionalism
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Be punctual
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Tell Your Attorney how you feel
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Show Appreciation
Sample Employment Agreement for State Bar Grievance Matter
Blank Welcome Letter
(35kb .doc)
Blank Grievance Contract
(88kb .doc)
HBA Consent to Arbitration
(22kb .doc)
HBA Fee Dispute Rules
(35kb .doc)
Sample Employment Agreement for Legal Malpractice
Blank Legal Malpractice Welcome
Letter (36kb .doc)
HBA Consent to Arbitration
(22kb .doc)
HBA Fee Dispute Rules
(35kb .doc)
Blank Legal Malpractice
Attorney Retainer Agreement (89kb .doc)
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