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A Checklist for Choosing an American Lawyer

I. Dealing with an attorney - what a client should expect

A. Response Time, Speed

• Actions should be prompt
• Phone calls should be returned within 24 hours

B. Scope of representation

An attorney should do the following:

• Identify the legal and non-legal problems a client currently has or may potentially have in the near future related to the work to be done
• Explain to the client the possible consequences of alternative courses of action
• Clarify which specific problem(s) need to be resolved
• Identify with particularity the specific problem(s) the attorney will address in the course of representation

C. Disclosure of considerations

An attorney should disclose the following considerations as honestly as possible. Be careful with the following situations:

1. Money

• If rate is too cheap (too good to be true), or the attorney is reluctant to disclose or discuss it
• Rate is too expensive, but the attorney says that is the "normal" rate

2. Time

• Promising the case will be resolved in no time (very unlikely to be true) or too long (so he/she can put it off for a while)

3. Procedure

• Promising it is going to be a piece of cake or very difficult case

4. Strategy

• The attorney provides no or unclear strategy
• The attorney does not explain the strategy so that the client can understand it clearly

D. Promises of Outcome

• Be careful if the attorney is promising something too quick, too much, too optimistic, or too negative.

E. Over- or under- confident about the attorney's own ability

• Question of perception: Did you have a good feeling about this lawyer?

F. Personal attention

• Someone should always have a time to assist you
• If necessary, a lawyer will always be available for you to answer the specific questions you may have

G. Clear communications

• The attorney should provide clients with copies of all the relevant document
• Communications between attorney and client should be confirmed with writing

H. After care

• Follow up call, reminder, etc. are desirable

II. Conclusion

• If you are not satisfied with the current lawyer, fire him/her
• Cross cultural considerations. - Fire him! Do not just hang on to him (Burasagaruna!)
  • Do not rely on the rumors such as "He is the best attorney in town" and come to an conclusion that he does a good job
  • Do not rely on the rumor such as "he has a good connection" and come to an conclusion that even if he is not a good lawyer his connection will save me when the serious problem may occur
• The client must manage the case. Thus, the client must be informed by his or her lawyer
• Lawyer is a facilitator
• The client controls representation. The lawyer works for you. So, decide what they are to do for you. (Scope of Representation)
• The lawyer should be willing to be managed
• For client, client must be able to manage with sufficient knowledge of substantive law, legal systems, and skill to deal with lawyers
• Extra barrier for the Japanese client due to the:
  • Communication
  • Cross-Cultural (be told or listen to what master says)
  • Laws and legal system.
• But, at the same time under certain situations, a lawyer needs to be a tiger
• In ideal situation, lawyer is able to switch his role according to the situation and client's needs (cat to tiger, and visa versa)
• In ideal situation, client is able to manage lawyers whether the lawyer is cat or tiger

Client needs "tamed" tiger!!!! so Client can manage them!

This is Article #1 of two: Fundamentals of Finding a Good Lawyer.
Article #2 is Riding a Tiger / How to manage a Lawyer.

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© 1997-2008 Walter Wm. Hofheinz. Permission available for republication, contact wwh@hofheinzlaw.com.
Last modified November 29, 2009 11:12 am