Choosing a Lawyer (Part IV) - Service & Communication
Effective representation requires open and honest communication from everyone. A client should feel comfortable telling the attorney about his/her financial problems. An attorney should not be afraid to educate a client about how the particular course of action the attorney is recommending benefits the clients and what the potential risks might be. Sometimes this means that the attorney must deliver unwelcome news to a client.
You might be surprised how many times I’ve witnessed someone else’s client sitting in court waiting for a meeting of creditors and the client couldn’t even tell me why they chose a chapter 7 over a chapter 13, or vice versa. I think that demonstrates that the attorney hasn’t spent sufficient time explaining the recommendations. It’s not uncommon for lawyers to tell their clients “don’t worry about it, I’ll take care of it.” While this phrase is a legitimate response to someone, I always try to at least explain why I think my client need not worry. Perhaps for some clients, the simple assurance is all they seek, but when a client is deciding on a course of action, I think the client should have more information than that.
Another part of communication involves availability. An attorney should be available to address a client’s concerns and questions. Unfortunately, I do take many calls from people who have hired other lawyers to do their bankruptcy cases and they now can’t get in touch with their lawyer and their lawyer doesn’t call them back. While I believe this situation doesn’t represent the way the vast majority of attorneys conduct themselves, it does illustrate how important it is that a client can get questions answered and concerns addressed in a timely fashion. In the same way, a client should keep his/her lawyer fully informed of address changes, phone number changes, etc… Communication is a two-way street.
When considering a lawyer to represent you, I think you should ask yourself whether or not the attorney you are considering has given you good explanations for the recommendation he/she is making. You should ask about how phone calls are handled in the firm to try to determine whether you will be dealing with a phone tag situation, or whether you can get an attorney on the phone immediately when you call, if the need arises.
