The Two Most Important Questions to Ask Your Lawyer, if You Want Valuable Advice
I met with a new client recently. He was referred to me for help creating a business succession plan. During our initial meeting, the client admitted he had previously met with two other lawyers for help with this. One of these prior lawyers had told him, “There are a thousand ways we can do this.” That lawyer then proceeded to share a litany of ways the client could go about it while never making a specific recommendation. As the client retold the story to me, he threw up his hands and said, “I don’t want a thousand ways! I want someone who knows what they’re talking about to give me one, two or possibly three good ways to consider!”
He is not alone.
Unfortunately, too many lawyers are afraid to provide clear, direct advice to their clients. Why is this? Assuming it’s not because the lawyer is inexperienced in the type of legal matter (i.e., they can’t give clear advice, because they’re unsure themselves), I believe it’s because they’re afraid their client will blame them if things don’t go 100% according to plan. So to protect themselves, the lawyer just lists about every possible option they can think of and doesn’t really recommend one over the other. Even when they do make a recommendation, they heavily hedge their bets.
These lawyers need to remember: (1) lawyers aren’t required to have a crystal ball and be 100% perfect (and there is rarely a 100% perfect solution); (2) offering clients only a recitation of the law and “a thousand ways” to handle something is of minimal client value and doesn’t justify what we lawyers charge per hour; and (3) if they don’t trust their clients to not unreasonably blame them if things pan out differently, they need to stop taking on these types of unreasonable clients in the first place.
I have found that, as the client, you can (more) quickly get clear and valuable legal advice by asking your lawyer two simple questions. You may need to modify this question based on the nature of the representation and advice you are seeking, but the first question you should ask is along these lines: I understand you don’t have a crystal ball, but - knowing me the way you do - what would you do if you were me?
Answering this question forces your lawyer to really make it personal, get focused, consider things carefully and critically from your point of view, and give practical advice that isn’t just theoretical but can actually be accomplished. Unless your lawyer knows you and your situation very well, the answer to this question should require he or she to ask you more questions before they answer. That’s because, in providing this level of valuable advice, the lawyer needs to understand all of the key facts that, in their experience, have proven important in the success or failure of a given path. This includes not only facts surrounding your legal matter, but facts specific to you as a person (e.g., How risk averse are you? How important is maximizing the economic benefit versus peace of mind and/or a quick resolution?). Remember: the question to ask your lawyer isn’t just, What would you (i.e., the lawyer) do? That question can lead to a response that doesn’t properly take into account the uniqueness of you.
The next question you should ask is: Why?
The answer to this question should help you better understand the various issues at play and how they apply to your legal situation. This understanding gives you confidence, which leads to feeling more at peace with the lawyer’s legal advice. This helps both you and your lawyer. The answer you receive to this follow-up question should make you feel comfortable that your lawyer knows the law and legal issues and how to intelligently and practically apply the facts. [If you get the sense they don't, you might want to look for another lawyer for this type of matter.] However, don’t be surprised if you hear an answer to your Why? question that makes logical sense based on your lawyer’s recitation of the facts, but those facts aren’t 100% accurate and complete. This is not uncommon. You might not have painted a clear enough picture of all the pertinent facts yet for your lawyer. But having this Why? dialogue helps uncover this misunderstanding. It permits you and your lawyer to wrestle with the facts and their application until you both are aligned as to the important factors to consider and feel good about the legal advice.
Dunham Law
Dunham Law has decades of experience representing Ohio and Kentucky business owners in structuring, negotiating and documenting business ventures and investments with others, and assisting in resolving disputes. Contact Brian Dunham @ 859.479.3961 to learn more.