Articles Tagged with Hiring an Attorney

Good Morning.  I still can say it’s good morning even though it’s almost noon time.  I woke up early this morning and went to Torrance courthouse for a hearing. On the way back to my office, I thought about a video that I put out last month where I talked about how your attorney’s character count.

Not only does your attorney’s character count, but also your attorney’s personality, the way that they handle your matter, and how they litigate a case. All of these shape the landscape of your case; Meaning, they can affect whether or not your case is going to find resolution, whether or not your case is going to be litigated efficiently as efficient as possible, and/or whether or not your case is going to be settled within a reasonable time.

I currently have two partnership dispute cases that are in the extreme. They’re both dealing with dispute between partnerships that have a significant amount of real estate holdings.  In one case, I filed on behalf of my client against the other partner and received a call from the other attorney. The first thing that came out of his mouth was, “Hey, what does your client want?”. I told him exactly what I’m expecting and what my client wants in terms of resolving this issue. The other side’s attorney listened and we worked out a resolution plan.

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Business peopleFirst, let’s talk about what type of lawyer you should not hire. The answer? The pit bull type. These are attorneys who believe that they can impress their clients by being ultra-aggressive. They tend not to compromise and to utilize the take-no-prisoner approach by fighting for every single little thing, even those that are irrelevant. They also tend to believe that extending courtesy to the other counsel is a sign of weakness.

Unfortunately, this type of attorney usually misses the window of opportunity for settlement. As Amy Anderson notes, they fight for themselves and for their egos and often drain your pocket book at the same time.

I will even go one step further by asserting that such attorneys only fool themselves in thinking that by growling at the opposing counsel, they will gain some advantage for their clients’ cases. When a complaint is filed, the attorneys and the litigants all have to follow the rules, obligations, and responsibilities set forth in the California Code of Civil Procedures. If the conduct of an attorney grossly deviates from the code, he or she is subject to sanction and sometimes the court will make a ruling that is adverse to the case itself, such as dismissal of the case or the imposition of an evidentiary sanction.

Now, let’s talk about why you should hire an attorney who believes in win-win solutions, even in litigation matters. I often say tell my clients that we only file for litigation when it is the last resort, as it is an expensive process. Thus, even after you file a complaint, you need an attorney who is able to recognize the opportunity for settlement. If the parties can live by the terms of the settlement, the client should always consider settlement, as it is often less expensive the litigating the case all the way to trial. The worst thing that an attorney can do is to win the lawsuit but bankrupt the business. If this happens, the client doesn’t win; only the attorney does—but at the expense of the client. Thus, you need to have an attorney who is not afraid to bring the case to trial if necessary, but who can recognize a settlement opportunity and to strike a win-win deal.

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