Monday, October 18, 2004

Lawyers act in their interests

I got some suggestions about hiring a lawyer. I will almost certainly need one if we get to a trial.

One thing to keep in mind when hearing a lawyer, or when hiring any professional, that the lawyer's interests do not always match the client's interests. First and foremost, the lawyer wants to make money for himself. He needs to have satisfied clients, but the clients are rarely in a good position to evaluate how good a job that the lawyer really did. I will probably be unhappy with the court, but I won't know whether it was my lawyer's fault, or if he got the best deal under the circumstances.

Some lawyers like to very aggressively attack the other side. Other lawyers like to build a reputation of being reasonable and conciliatory. I don't know which strategy would be more effective in my case. If I hire the wrong kind of lawyer, then it will be bad for me even if he is the best lawyer in the world at what he does.

Thus I cannot hire a lawyer just because he comes highly recommended. And even if I somehow manage to find the best lawyer available for me, I cannot trust him totally. Only a fool would.

1 comment:

Masculiste said...

You've got that right...watch out for them to drag this whole trial out via "Conciliation Meeting" tactics. I'm sure I don't have to explain to you that all they do in those meetings is sit in front of the judge and play 'Let's Make A Deal.' Then, if no deal is made, or as in my case, I REFUSED to make a deal, they reschedule another conciliation in about 3 more months. During that time, your ex will try every dirty trick in the book to bait you into an incident that she can use to get a PFA, if she hasn't already got one. So at the next meeting, they try to use that to their advantage in the next round of 'Let's Make a Deal.' They can go on like this for years because you don't get to sit in that room with them. You have attend mind you, but you wait all day, out in the hallway. Remember ...that's a day of work missed. And the more they can keep this up to try and wear you down, the more days of work you miss...and the next thing you know, your boss is apologetically firing you.

See, it works like this...Judges are elected officials. And BOTH lawyers, regardless of what the issue is on that case, are the judges constituents. Because judges in large part are able to run for, and get elected due to the enormous support of the "Trial Lawyers Association." These guys are kind like a union membership. Their dues go to support judges they like. And as a lawyer, your crazy if your not a member. So, as a result, the payback to the judges constituency is to let the two pretty much milk the case for as long as possible. And the judge creates the environment that allows them to do it. It's all VERY lucrative. Just remember the term: Pre-Trial Conciliation NOT to be confused with Pre-Trial Conference, which is the act of going before the judge with your pretrial statement and list of witnesses and evidence that you intend to introduce. then they object to this or that...and finally the parties agree to a set date for trial.
A GOOD lawyer will tell you all this. If he doesn't, be suspicious.