Posts Tagged ‘Attorney Client Relationship’

Is the content of my initial consultation with a lawyer confidential even if I don’t hire them?

Monday, January 25th, 2010

Many times a lawyer is asked by a client seeking an initial consultation if what they are talking about is confidential.  In addition, sometimes after the fact a lawyer finds out that the client was not truthful in their initial interview because they didn’t think that the information was confidential if they did not hire the lawyer.

All states offer confidentiality under state statutes, case law and ethics that govern the practice of law.  Clients should be told in the initial interview that everything that is discussed (content) is strictly confidential.  They also need assurances that if you involve staff in your case that they too keep  a client’s case information confidential.  Assuring a client of this confidentiality will assist in a free flow of information in the initial consultation.

Final Answer:  The content of your initial consultation with any lawyer is confidential, whether or not you engage their services after the initial consultation.

Two Common Mistakes in Hiring a Divorce Attorney

Monday, January 25th, 2010

When facing a divorce, one of the most important decisions you initially make is choosing which lawyer to hire?  Unfortunately, many people make the wrong choice and the consequences can be disastrous.

Mistake #1: Hiring a generalist versus a specialist.  

Solution: When possible, hire a specialist.  Ask the prospective divorce attorney whether they specialize in family law. If at least 70 percent to 80 percent of their practice is not focused on divorce and family law issues, you should maybe look elsewhere.

Mistake #2: Hiring a lawyer to represent you solely because they have a reputation of being the “meanest lawyer in town” or they are your “hired gun”.

Solution: Find a lawyer who is a problem solver, can be assertive when the situation requires it, but also compromising when it benefits your short term and long-term best interests.  Always hire a lawyer who is fully aware of the many different consequences that the lawyer’s actions have on you, the opposing counsel, the opposing party, the judge and most importantly your family both within the legal system and outside of the legal system.