What Does the Client Want?
It can be easy when you handle a considerable amount of cases, to feel like you know what is best for the client. Ultimately, however, it is their case and their life. Consequently, you should always get their input.
In the course of our practice it is not uncommon for a client, who is currently represented by another firm, to contact our office about their case. Unfortunately, the common complaint I hear is, "I have only met my attorney once, and all they said to me is what I should accept for settlement." That is sad.
Client contact, and keeping them informed of the issues in their case, has to be a primary focus in a successful practice. Copy the client on letters, motions and filings and encourage them to ask questions. These actions foster the trust that becomes the foundation of the relationship between a client and their attorney. Afterall, you wouldn't take advice from a stranger, would you? Of course not. The client needs to be involved throughout the process.
As an attorney you are professionally servicing an individual as an advocate. But for me, its important to note the distinction between advocating a position and advocating for a person. I have had many cases wherein, from a purely legal perspective, there is only one course of action which would be recommended.
But, what does the client want? Perhaps obtaining more medical treatment is most important to them. Perhaps they would prefer to resolve a case in a manner that will allow them to return to employment with the same employer. Maybe, they would prefer to resolve the case fully and finally on a clincher(settlement agreement) and put the matter completely behind them.
If you don't inquire about the primary concerns and goals of the client, then who are you really representing? Bear in mind, that doesn't mean you have to agree with their position. You are their counselor in the matter, as well, and sometimes what a client desires is nothing short of an impossibility. But the roles of counselor and advocate are not mutually exclusive. By asking a client what they want, you can take the time to discuss the matter with them in full, and help them understand the pros and cons of the variety of choices they have associated with the resolution or pursuit of their claim.
Your right in what you said the beginning. That is sad. I have never met my attorney and have to send several emails, that sometimes are on the angry side, to even get a reply.
I have talked to my attorney twice and though that found out stuff that was going on with my case I never knew about.
But, what can we do?. We can't defend ourselves against companies like AIG Insurance but are at the mercy of those representing us.
Your right, it's sad.
I must agree with Mr. Burns; my lawyer did not know my case. I did all the hard work with filing all of my forms getting all the medical records, and writing the NCIC. She would flip-flop on taking a settlement and she wrote my doctor for a rating 6 months early, while knowing I had a second injury from ESI which permanently lock my neck so I cannot turn my head to the right. Then she withdrawal. I went to court pro se. I feel that she was a big waste of time and money. She saw me coming, knew I would be getting a rating, and thought it would be easy money. She also knew that once I had signed her on, that it could take three months to have her removed. By-the-way, it did take that long.
I, just like the other person was fighting one of NC biggest company Novant Healthcare.
I will not stop until I see changes in our system and companies like Novant that are self-insured removed from handling medical records and their doctors to get what they want. The injured person has very little rights.
I HAVE SIGNED A MEDATION AGREEMENT BUT I HAVE CHANGE MY MIND I WANT TO WITHDRAW THE SETTLEMENT I FOUND OUT THAT I COULD TELL HIM THAT I WANT TO WITHDRAW AND NOT SETTLE JUST WRITE HIM A CERTIFIDE LETTER
TELLING TO NOT TO SETTLE I CALLED THE NCIC AND THEY SAID HE HAS TO PLACE AN ORDER OF NOT TO SETTLE PLEASE LET ME KNOW IF THIS IS TRUE