Monday, August 22, 2011

Choosing an Attorney: A Matter of Timing?

How many lawyers does it take to change a lightbulb?  None.  They’d rather keep their clients in the dark.


The other day I was at my daily Extreme Boot Camp class in Claremont and quite frankly, my butt was getting kicked.  This is a good thing since I still have quite a bit of baby weight to tackle.  We had run and pushed up and sat up and jumped.  You know, all the things that a Boot Camp should require. 

I was yapping with another lady in the class and I said, “I am not not tired.” And she said something to the effect of “typical lawyer, just say that you are tired.  Always trying to make things complicated.”

Ah, sigh.  Most lawyers totally can handle a “lawyer joke” without needing therapy.  We knew when we went to law school that our profession was mocked.  I start off every single conversation with a prospective client knowing full well that they think I am trying to rip them off somehow. 

Now, this article is not going to try to bring down a rich history of lawyer jokes and general despise of attorneys to an end.  After all, some of the jokes are funny.  But, maybe, the problem is not the profession as a whole.  Maybe it is who clients choose and the timing of when the attorney is chosen that is the problem.

In terms of the choice of attorney, I can tell you one thing after talking to hundreds of people on the phone that are looking for an attorney.  Just in my own firm - some people respond better to me, some people respond better to my partner.  We have different personalities and ways of approaching situations. For example, he is more formal; I am more casual. 

So, why do people choose attorneys that they do not like?  Do you think that if the attorney is rude they will berate your opposition into disappearing?  Unlikely.  For the most part, you want things to settle quickly and that does not happen when a jerk is negotiating on your behalf.  Spend a little time.  Even if your issue is pressing, find someone that you like. 

You can bargain shop for the best deal, but remember that you get what you pay for. Look at where they went to law school and when the attorney graduated from law school.  This is public information – www.calbar.ca.gov.  (By the way, don’t even get me started on LegalZoom.  Long, painful sigh.)  Google them! 

Interview your attorney.  Call at least three people before you decide.  Ask lots of questions if you get a free consultation. We are ready for your questions.  Ask about flat fees, ask about billable rates, ask how quickly you will get your work product.  If you do not like the attorney from the start, the attorney will not grow on you when they bill you $300 an hour.  I promise.  Find someone who is a problem solver and not just an issue spotter.  Find someone who returns your call in 24 hours.

The other reason that I believe people hate attorneys is that people choose their attorneys (most of the time) when something has already gone awry and now they are angry that they have to throw money at a problem so that they can fix it.  Why not come to an attorney before the problem?  Why not show up when you are happy?  You will probably make a better choice if you are not angry that you have to be there.  Sometimes this is not an option, for example, car accident/personal injury cases.  But usually, you could have chosen when you did not have to choose.  For example, have a business attorney read a contract before you sign it to point out problematic clauses.  You may be happy you did in six months when you need to terminate or there is a dispute. 

Anyhow, after my Boot Camp class the other day, that lady came and apologized to me for giving me a hard time.  The apology was not necessary. I totally understand the preconception.   But, maybe all you clients out there should be looking now and getting while the getting is good.  What proactive steps are you taking?  Are you waiting?  Do you think you are savvy enough to do it yourself?  Maybe calling an attorney won’t be so bad. 

And so, in closing, how do you get a bunch of lawyers to smile for a photo?  “Say Fees.”
Sorry, couldn’t help myself.

Now, go and be productive and profitable.


Tina Loza is an attorney based in the Inland Empire.  Tina and her husband have their own legal practice specializing intellectual property law (patents, trademarks, copyrights, domain name disputes, etc.).  She also has three kids under the age of 3 and lives in Pomona, CA.  For more info, go to www.lozaip.com .


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