Pagans and the Law

Remember that a lawyer provides you with a service. You are entitled to regular reports and phone calls from your attorney to see how the case is going once the attorney takes it. I highly recommend that you tell the attorney that you wish to receive a monthly progress report in writing regarding your case. Do not necessarily assume that "no news is good news." Good attorneys have dozens of cases because there are dozens of clients who want the good service that a good attorney provides. You are not the only person the attorney represents, but you want to be one of the most informed people that the attorney represents.

If you do not receive your first monthly progress report, call the office and request it. An attorney who is skilled in servicing their client will promptly return the phone call within a day or two. If you do not receive a return phone call, then call the attorney and ask to speak to his/her secretary or request that your message go in the attorney’s voice mail. If you begin to feel that the attorney is trying to "dodge" you, then make an appointment with the attorney’s secretary for a personal visit. It is much harder to explain away inappropriate representation in person than it is to do so on the phone.

After you receive your monthly progress report, review it immediately. Telephone your lawyer and advise them that you have received it. Ask questions, make comments, and make an appointment to see your attorney if you feel it is necessary. If your case has been taken on a contingent basis, then all this contact with the attorney is not costing you anything. However, if your case has been taken on an hourly billing basis, then every contact that you have with the attorney will cost you money, which the attorney will eventually bill you for. Time is money, after all.

Cooperate with your attorney. Failure to cooperate and follow your attorney’s advice will give the attorney a legal basis for asking the judge to relieve him/her from the burden of representing you. In small communities, news that a client is difficult travels fast, and you might encounter some difficulty in finding a new attorney to represent you. Return telephone calls made by your attorney promptly. Review and respond to correspondence from your attorney promptly. Make yourself available for meetings, conferences, and depositions. Provide the documents that the attorney requests. Engage in meaningful conversations with your attorney, but try not to be argumentative or combative with them. This is your legal advocate, after all.

Many clients do not understand why an attorney needs so much information. This is simple: The rules regarding the discovery of information in the pre-trial phase of litigation are very liberal. For example, under the Federal Rules of Civil Procedure (discussed in Chapter 2),  information need only be relevant to the subject matter of the case, and even though the information might not be admissible at trial, it could still be discoverable. Although your attorney might not think that certain information is relevant, opposing counsel might think that it is and make a request for it. An attorney cannot ignore a request for information. A response to the request must be made: either the information must be produced or your attorney may object to its discovery. If an objection is filed, the judge usually settles the dispute. However, it will be necessary for your attorney to see the documents or information requested before she/he produces them. No attorney wants to be the last person to know about information pertinent to their case. The last place they want to hear something for the first time is in court.