Listen to your lawyer!

Of course I would write that.  I'm a lawyer.  But doesn't it make sense?

Most folks hire an attorney figuring that the attorney knows something they don't.  Lawyering, after all, is a specialized field of knowledge with intricate rules and protocol, strategy and timing, so this body of knowledge and practice is not in the public realm any more than the ability to actually split an atom is.

But every now and then somebody is certain they know better than their lawyer.  I once had a medical doctor who was quite sure he knew how to do my job better than me.  So I attended our next meeting in scrubs and told him I was going to remove his appendix.  It got my point across.  The doctor got out of my way and wound up doing quite well.

Kids fresh out of law school know more law than most litigants.  Add to that decades of seasoning and it ought to be hard to convince yourself that you could do better than the guy you've paid several thousand dollars to.  But a few folks still don't get it.

This creates an ethical conundrum for me.  I've argued for several hours with some clients about their decisions that conflict with my advice.  I tell them I see the train wreck coming.  I tell them I see their legal demise.  I show them the better alternative, a successful strategy.  But that strategy does not fit the client's emotional drive to seek and obtain retribution.  "The Judge will set her straight," they might say.  "The Judge won't set her straight.  She will win and she will laugh at you for being such a fool.  Will you feel better then?" I might say.

All lawyers face this problem from time to time.  Some clients see us as a tool for their use to aid them in their on-going quest to vanquish the opposition.  We aren't.  We are problem solvers.  We employ our craft in very creative ways sometimes but it is to accomplish a productive task, not a destructive one. (That's true for most of us, anyway.)

So the ethical conundrum is, after several hours of attempting to persuade the recalcitrant client to follow my well-paid advice, do I give up and watch the coming catastrophe?

Sometimes potential clients ask me if I have a winning track record.  "Yes," I tell them immediately, but then I follow with, "but that's a trick question."  If you can almost always accurately predict the outcome of a trial, why would you walk into Court with a losing case?  You try your winning cases.  You settle the losing ones. And in Family Law, you settle every case that you can.  Why?  Because it is far less expensive (usually that's a value to the client) and it is far less toxic and damaging to the family's relationship.

So, do I allow the train wreck?  And could I sell tickets?

I don't allow the train wreck if I can at all possibly help it.  I'll argue with a client right up until the moment that the Judge sounds for the case.

(Practice point: this is why, in Family Law, good offers should never be pulled.  A good deal remains a good deal, regardless of when the other side finally figures that out.)

So, listen to your lawyer.  You pay him enough.  And he really does have your best, long term interest at heart. Besides, train wrecks aren't just the drama of flashy explosions.  There is damage and long term pain  that you have to live with afterward. Ultimately life is more complex than Gomez Adams' model railroad.

Michael Manely
http://www.allfamilylaw.com/CM/Custom/Firm-Overview.asp

Why Free Consultations Are Worth The Money



Shelia Manely, Business Manager



Tonight's blog post is written by Shelia Manely, Business Manager for the Manely Firm, PC.

I’m not a lawyer . . . yet.  But, I am a law student, mother of a blended family of five, business manager of our growing law firm and wife.  (That’s the order my husband suggested.)   I can’t give legal advice, but I can give lots and lots of advice.  Just ask anyone who knows me.  I just can’t help myself.  I figure I’m being very helpful if I share everything I know with anyone who asks.  I know you didn’t ask, but, you are reading, which sort of implies consent.  So, here I go.

I had the chance to sit in on a presentation given to fellow law students by the founding attorney from a family law firm with their sole office in downtown Atlanta.  To prove what a great attorney he is, he touted how many speaking engagements he’s had, how many TV appearances he’s made and how dependent upon him the local news channels are for his professional advice.  He said he always makes himself available to the media, not just for paid appearances, but also for free consultation and  advice.  After all, he says, those guys are journalists, not attorneys.  They want to know they are getting their story straight and using the right terminology.  Sometimes, he says, I’m disappointed when I don’t get credited or I get edited out of the piece, but that’s OK.  I still help.  I want them to call me again.  I want to keep those opportunities coming!

He also bragged about how much he charges an hour (over $500) and why he never, ever gives free client consultations.  He advised over twenty-five future attorneys to never, ever give free client consultations.  Here’s his reasoning: 

 If I charge for consultations, people will think I have enough business that I don’t have to give free consultations to get business.  Free consultations say, “I’m desperate.” 

 If I charge for consultations, I won’t be giving away my time to some people while billing my time to others.  Free consultations say, “I’m putting my paying clients aside to do free consultations.”   

If I charge for consultations, people will feel really good about what I tell them because they’ve paid for it.  Free consultations say, “my advice isn’t worth anything.”  

And then there is the kicker:

If someone pays for my time and also gets a free consultation from another attorney, they’re not going to pick the do-gooder who gave them their time, because they’ve already invested over $500 bucks in me!  Free consultations say, "pick me and you've wasted the money you paid the other guy."

Well, it’s hard to argue with him because he is very successful.  He has lots of famous clients to show for his efforts.  And rich, famous clients need a good attorney just like the rest of us.  But, wait a second…don’t the rest of us need a good attorney just like those rich, famous people?  

At The Manely Firm, PC, we've had our share of media attention and we do give free client consultations.

               We are not desperate.  We open over 200 cases a year and that number keeps climbing.

               We do not put our paying clients aside to do free consultations.   If we have more work than we can do while giving free consultations, we hire more attorneys.

               If people thought our free advice wasn’t worth anything, they wouldn’t hire us by the hundreds.  And finally,

               If a person prefers to pay for advice they may never use, from an attorney they have yet to meet with a firm they may never hire, I say let ‘em.  I prefer our clients be sane.  They’re easier to represent.

At The Manely Firm, PC, we make ourselves available to potential clients, not just the media.  And, not just for paid appearances, but also for free consultation and advice.  After all, our potential clients are just people, not attorneys.  They want to know they are getting their story straight and using the right terminology.  Sometimes, we are disappointed when we don’t get hired, but that’s OK.  We still help.  We want them to call us again.  We want to keep those opportunities coming!

So, the advice?  If you need a successful, experienced family law attorney, visit us for a free consultation.  If you need a celebrity, it'll cost ya'.

              

Practicing Desperation Law

Last night I wrote about the attorneys who practice family law as though it was were a tenet of faith.  Tonight I write about the attorneys who could care less.

On the opposite end of the spectrum from the zealot who imposes her convictions on you lies the "I just don't give a damn attorney."  They have more important things to do, like anything else that comes through the door.

By and large, family law is considered a peculiar specialty, as if those who practice it exclusively have an affliction.  As I wrote last night, who would sign on for this misery?  So family law cases are considered a blight, though perhaps a necessary evil for the general practitioner who handles anything that comes through the door.  They handle personal injury, bankruptcy, criminal law, commercial litigation and, yes, somewhere in there, family law.  I contend that they practice "Desperation Law." They seem to state, "I just want a retainer.  Any retainer."

Family law has its own rhythm, its own groove, certainly its own body of law, and its own bar (for those few of us who practice it exclusively).  Whether we practice in the same frame of mind or approach the subject from quite different perspectives, the exclusively family law lawyer generally knows the other exclusively family law lawyer.  We usually know each others strengths, weaknesses, quirks and pecadillos.  We speak the same language.  We understand the issues without a learning curve.

For those indecisive or disinterested souls who do anything for a buck, they are forever cast on the howling winds of rapid and irreconcilable change.  One morning they are representing a criminal defendant, wrapped up in the Fourth Amendment.  The next morning, they are knee deep in a contractual clause about non-competing burger stands, and the next morning they attempt to be immersed in a bitter custody dispute.  Jack of all trades, master of none.

I know this scenario all too well.  At one time I practiced this scenario.  And family law drove me nuts.  But I learned, it drove me nuts because I wasn't just practicing family law.  I'd attend a criminal calendar call as disinterested as I could be.  I was engaged in the sport, but the passion was non-existent.  I'd attend a commercial litigation calendar call and everyone there still seemed asleep and wishing they were on the golf course.  Not a happy crew.  Then I'd attend a family law calendar call and everyone was animated, involved, deep in discussion, negotiation, maybe resolution.  All of it meaningful.  All of it vitally real.

Eventually I determined that I should only practice family law.  I won't call it a calling, hence I would run afoul of the malady I cited last night.  No, it was my passion, my skill and my drive that directed me.  That, and family law attorneys are in court most often, second only to prosecutors.  My attorneys and I are often in Court three to five times a week.  A personal injury attorney is lucky to see the inside of a courtroom three times a year.  As I've said often, I live in the Courtroom.

So family law is home.  This is where I thrive.  This is where I can do the most good. 

I don't practice desperation law.  I won't handle anything that comes through my door, except family law.  So if you have a criminal case, you can call me because I know some great criminal lawyers to refer you to.  But if you have a family law case, call me or anyone who practices exclusively in family law.  Our passion and our practice shows.

Michael Manely

Gwinnett Mediation Process – What is it? How do we get there?

Tonight'g blog post is authored by Stephanie Steele, Associate and Supervising Attorney for Gwinnett County.  Click here to
learn more about Stephanie.

You may have heard the phrase “Alternative Dispute Resolution” or “ADR”.  This simply refers to a variety of methods used to resolve legal cases without a Judge hearing and deciding the case.

As the Gwinnett Superior Court ADR’s website aptly explains, “There are three primary processes [of alternative dispute resolution] available.  Mediation, the most requested method of ADR in Gwinnett County, is a process in which a neutral third party facilitates settlement discussions between parties in conflict.  Case evaluation is a process in which an experienced attorney gives advice on the strengths and weaknesses of each party's position and may make an assessment as to how a judge or jury might react in the case.  Arbitration is more similar to a trial.  The arbitrator issues a decision on the case following an abbreviated hearing under informal rules of evidence.”

In family law, we use mediation almost exclusively as an alternative way of resolving cases.  In some Metro-Atlanta counties, you are required to attend mediation before the court will allow you to schedule a hearing.  In other counties, it is an optional process.  In still other counties, such as Gwinnett, the Judge decides whether domestic cases assigned to him/her must go to mediation prior to a hearing.

Once you know your case will go to mediation, the next step is to select a mediator.  Every Metro-Atlanta county has a list of approved domestic mediators.  These mediators are often, but not always, attorneys with at least 5 years practice in domestic cases.  They are all trained extensively in conflict resolution.  Don’t be fooled, though, as with most professionals, not all mediators are created equal!

In selecting a mediator, rely on your attorney’s advice.  She or he knows you, your case, the opposing attorney, possibly the opposing party and the mediator.  When choosing a mediator, it is important to keep in mind the personalities and proclivities of each person who will be involved.

For example, if you are a father seeking primary custody of your children, you probably would not want to use a mediator who advocates mothers obtaining primary custody.  Another example would be if you are a shy person, it may be difficult to work with a mediator who has a very strong personality.  Again, though, it depends on the individuals involved.

If the parties cannot agree on a mediator, the Judge will assign one.

When you arrive for mediation, check in with the friendly folks in the ADR office and let them know you’re there.  They will wait for both attorneys, both parties and the mediator to arrive and then lead everyone to a private room for the mediation.

Later this week, I’ll post another blog explaining what exactly goes on behind the closed doors of mediation.


For more information on Gwinnett County’s ADR processes, visit their website at Gwinnet County ADR


Here are a few other helpful ADR websites: 
Cobb County ADR
Fulton County ADR
DeKalb County ADR

Like Client, Like Counsel

I always advise potential clients to speak to as many attorneys as they need to, until they find one with whom they are comfortable.  "Shop around," I advise them.

Here's the fundamental reason to talk to several lawyers: there will come at least one time in your case when much is on the line and a decision has to be made.  You will feel like this is an earth shaking decision, with  the right decision leading to your goals being realized and the wrong decision leading to ruin.  In that moment, you need your attorney's best judgment, his most sound advice.  And when he gives that advice, you want to trust that his advice is correct. 

If you have retained the attorney with whom you have the greatest rapport, you will most likely hear and follow his advice.  You will most likely feel comfortable and secure with the decision you make.  This simpatico keeps your legal team together and helps you stay focused.  This "being on the same page" moves you toward accomplishing your goals.

Often, I see this maxim play out in court.  Like client, like counsel.  If the party is brash, harsh and rude, she will likely find an attorney that shares those traits.  If a party can't tell the truth to save their lives, often his counsel is similarly challenged.  Not to get too offensive but it reminds me of those studies about the similar appearance of dogs and their owners. 

I find that most of my clients are honest, sincere people who truly want the best for their families, but they have the wisdom to not want the worst for themselves.  Perhaps that good judgment is why they pick me.  But I would say that, wouldn't I?

Bottom line?  Shop around until you feel secure.

 Georgia Bar Guide on Selecting Counsel