I read plenty of legal briefs, motions and complaints as part of my business of investing in lawsuits. And I am always struck with the language. Not only are many lawyers paid by the hour but I suspect they sometimes increase their billings with time at the dictionary replacing commonly understood words with the indecipherable.
I just read a motion that used the word “inapposite” rather than “not pertinent”. Why? Do attorneys think their average client understands the rarely used word (or anyone else for that matter)?
Powerful and effective language is using words and phrases that are both uncommon but broadly understood. Words that are used too frequently can annoy the reader and words that are not broadly understood are not very effective in communicating a message.
Saturday, October 31, 2009
Friday, September 4, 2009
Should there be a single payer legal system?
http://online.wsj.com/article/SB10001424052970204731804574387021307651050.html?mod=wsj_share_facebook
Great op-ed piece in the WSJ about the concept of the Federal government taking over the legal industry. Great fun!
Great op-ed piece in the WSJ about the concept of the Federal government taking over the legal industry. Great fun!
Friday, August 28, 2009
Defense Attorneys Milking Cases
Defense attorneys are milking cases for all they are worth today. Two litigation attorneys I spoke with this week said they have never seen it so bad.
During “good times” defense attorneys that are paid by the hour usually milk a case for a minimum amount before settling. But as these law firms are getting less work than normal they are tending to make up the difference by spending more time per case. The net result is that it takes longer to settle a case than a few years ago.
During “good times” defense attorneys that are paid by the hour usually milk a case for a minimum amount before settling. But as these law firms are getting less work than normal they are tending to make up the difference by spending more time per case. The net result is that it takes longer to settle a case than a few years ago.
Saturday, August 1, 2009
If your attorney drops you
If your attorney has taken your case on contingency and subsequently doesn't like the odds of winning he will drop you as a client. Now there is a process they must go through including notifying you, making a motion to the court to withdraw as counsel and then receiving the approval of the court for withdrawal.
Before this motion has been approved they still have a duty to represent you but their heart is not really in it. So if they are bailing on you, you need to move into overdrive to get a new attorney. This will be twice has hard as getting an attorney the first time because the second group of attorneys will think one or more of the following situations exists:
1) you do not have much of a case
2) you are a difficult client to work with
3) the prior attorneys have messed up the case already
4) even if they win and collect a judgment they may have to share some of their fees with the prior attorneys.
I have worked with folks that try to resist their prior attorneys dropping them. And you need to understand why the case is being dropped and can the case and the relationship be salvaged but you also need to move into action to find a new one.
Before this motion has been approved they still have a duty to represent you but their heart is not really in it. So if they are bailing on you, you need to move into overdrive to get a new attorney. This will be twice has hard as getting an attorney the first time because the second group of attorneys will think one or more of the following situations exists:
1) you do not have much of a case
2) you are a difficult client to work with
3) the prior attorneys have messed up the case already
4) even if they win and collect a judgment they may have to share some of their fees with the prior attorneys.
I have worked with folks that try to resist their prior attorneys dropping them. And you need to understand why the case is being dropped and can the case and the relationship be salvaged but you also need to move into action to find a new one.
Thursday, July 16, 2009
Don't fire until you hire
In general do not fire your old attorney until you have engaged a new one. You will have far more leverage in negotiating with the new one if you are not in between lawyers.
But have a good reason to explain yourself to the new attorney. Be specific in how the old attorney let you down and get assurances that the new one won't act the same way. For example a common reason for firing the old attorney is that the old one keeps delaying in actually filing the lawsuit.
Once you have reached agreement with the new one then he can assist you in notifying the prior attorney that his services are no longer needed and to notify the parties of your new representation.
But have a good reason to explain yourself to the new attorney. Be specific in how the old attorney let you down and get assurances that the new one won't act the same way. For example a common reason for firing the old attorney is that the old one keeps delaying in actually filing the lawsuit.
Once you have reached agreement with the new one then he can assist you in notifying the prior attorney that his services are no longer needed and to notify the parties of your new representation.
Friday, July 10, 2009
Hiring a bankruptcy attorney
This article has a few ideas about hiring a bankruptcy attorney. Keep in mind that many bankruptcy attorneys will give you an initial consultation for free. To make the most out of this time get your data together. Collect your income information, your minimum monthly expenses other than for credit repayment and information about your dependents.
A key issue will be if you will be able to declare personal chapter 7 bankruptcy which will wipe out all of your debts (unless you decide to keep your mortgage) or chapter 13 bankruptcy where you pay off as much as the court determines is practical over a five year period and then the rest is wiped out. Generally only those with incomes less than the state average can declare chapter 7 bankruptcy.
Some of these attorneys will advise you which bills to pay and which to not pay - there goal seems to be to put enough money in your pocket up front so that you can pay them before they start working on your case.
A key issue will be if you will be able to declare personal chapter 7 bankruptcy which will wipe out all of your debts (unless you decide to keep your mortgage) or chapter 13 bankruptcy where you pay off as much as the court determines is practical over a five year period and then the rest is wiped out. Generally only those with incomes less than the state average can declare chapter 7 bankruptcy.
Some of these attorneys will advise you which bills to pay and which to not pay - there goal seems to be to put enough money in your pocket up front so that you can pay them before they start working on your case.
Tuesday, July 7, 2009
What is a retainer
If you are paying your attorney by the hour your attorney will frequently ask for money up front - this is called a retainer. The details of this retainer should be spelled out in your engagement letter.
Sometimes this is equivalent to the last months rent and none of this money is used to pay your monthly legal bills. In this case you need enough cash for this retainer along with enough to fund your monthly payments if you are going to make it without running out of cash.
In other cases the attorney will use your retainer to pay his monthly bills until the case reaches a certain level or he thinks there is enough money at the end of the case to satisfy his bill.
You need to understand what your attorney is expecting on this front and do not be afraid to negotiate this item if you are short on cash.
Sometimes this is equivalent to the last months rent and none of this money is used to pay your monthly legal bills. In this case you need enough cash for this retainer along with enough to fund your monthly payments if you are going to make it without running out of cash.
In other cases the attorney will use your retainer to pay his monthly bills until the case reaches a certain level or he thinks there is enough money at the end of the case to satisfy his bill.
You need to understand what your attorney is expecting on this front and do not be afraid to negotiate this item if you are short on cash.
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