COMMENTARY: ‘Breaking up’ is so hard to do on a legal front

By Marie E. Matyjaszek
   
No one likes being dumped, and if you’re currently embroiled in legal issues, the last thing you need is to be jettisoned by your lawyer. Here are my top tips to foster a healthy attorney-client relationship.

Don’t hire a champagne attorney on a beer budget. Yes, lawyers are expensive, and some people have family or friends to help them foot the bill, but if you truly cannot afford the services of the attorney you’d like (whether from the outset or partway through the case), be honest with your attorney. Some may offer sliding scales, reduced rates, payment plans or participate in pro bono services. They also may be able to recommend a competent attorney at a price you can afford.

Once you decide on an attorney, read the retainer agreement more than once. Ask questions if you don’t understand something in the contract. Ultimately, once you sign it, you are responsible to uphold your end of the bargain. Not doing so could lead to termination of representation.

Return documents and respond to e-mails on a timely basis. The time constraints you may find burdensome are often set by the court, court rules, or statute – it is not your attorney being unreasonable. If you can’t comply with a deadline, let your attorney know immediately so he can ask about an extension. If you don’t cooperate, your attorney can’t put forward a successful case.

Speaking of timing, show up to court and appointments on time. Many matters are still being held via Zoom, which means less justification for tardiness. Being late shows a lack of respect and preparedness. A professional you’ve hired to work for you shouldn’t have to wait on you, and vice versa – keep each other informed as to any delays.

Be respectful to your attorney’s staff, ALWAYS. They are the gatekeepers and are extremely knowledgeable people to have on your side. Behind the scenes is their world, and they are likely to be the ones setting up hearings and appointments, drafting documents and helping manage your case. They may also have an hourly rate or charge for particular services – this should be spelled out in your retainer agreement. If you don’t see anything in the contract, ask so you’re not surprised when you get your bill.

Last, be honest. About everything. You can do yourself no greater disservice than lying to your lawyer. If you can’t tell the truth to someone bound by legal pinky promises, who can you tell?
————————
Marie E. Matyjaszek is a judicial attorney at the Washtenaw County Trial Court; however, the views expressed in this column are her own.  She can be reached by e-mailing her at matyjasz@hotmail.com.