March 23, 2014

Test of a lawyer - How to assess skills of a lawyer

In many countries, lawyers offer first appointment free of charge.

Seek first his free appointment. Clarify that there is no obligation on you and you will not have to pay for first appointment.

If lawyer gives you first free appointment, then visit him. If he asks for fee even for first meeting, and if his fees are reasonable in view of his standing, pay him for first meeting also. A word with a wise and experienced person has always value.

Give him your story or your case or your problem in two pages in writing first.

Let him glance through it. Then closely watch, how fast, how quickly he can comprehend and analyse these two pages.

If he knows the subject and law involved in your case, he will be amazingly quick. 

If he looks slow, if he starts asking you questions which are outside the area of two pages given by you, if he starts talking about things other than things mentioned in two pages, well, it means that he has not comprehended what you said in your two pages.

Or he perhaps, may have rejected what you have written in your two pages as wholly irrelevant.. This view will perhaps later come in his way later, in understanding basic facts of your case.

Judges decide 90% cases on basis of their understanding of basic facts of a case.

This is one thing.

About his experience, his victories, his famous cases which he has dealt with, his expensive and his impressive library, his conference room, his costly car, his team of assistants, etc.etc .. counts...but not that much for your purpose.

The quick analytical ability and his quick ability to come to the crux of basic facts of your case is crucial. This matters a lot.

If he says, there is only one point in your case that can turn your case, then perhaps, he may be pointing at Key to Your case. This is good. It shows he has ability to narrow down on one single action point.

But now think about your own mindset also. 

The case has troubled you since many days or years. You may be biased. 

You may be unwilling to accept the fact that you are likely to lose case. 

You may be obsessed with some weakness in case of otherside. Your biased mindset will not allow you to impartially judge skills of a lawyer. 

If your obsessions are high, you may reject a good lawyer simply because he refuses to agree with your point of view.

You and the lawyer you choose, have to

1) First put things into proper perspective, and  

2) Then work out a strategy to improve your chances of scucess.

This should be the objective of first meeting. 

....... 

Try to look upon lawyers as "Hired Warriors".

Best warriors have lots of idiot-type-habits also.

They are often blunt to the point of hurting you in mind as well as in your pocket. They get angry quickly. And very next second they can become extremely sweet. They are unpredictable. 

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Think, what is at stake in your case.

When stakes are low, considerations are different. Fees matter. The best need not be hired.

When stakes are high considerations are different. Fees do not matter. Best need to be hired.

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When celebrities hire their lawyers, they usually go by hearsay material. In my view, they rarely get right advice. 

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Cases are won more where a lawyer asks you to sit with him one week before the case is actually listed for hearing before judge.

So ask lawyer if he will be calling you when case will be up for hearing? Ask him about future meetings which may be required. This will indicate how he prepares his cases. 

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Put all these things in your "Thinking Hat".

Then, your decision will be better.

Haresh Raichura
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