23 July 2010

The only legal(related) advice I'll ever give...

I used to be a lawyer.

I spent 11 years analysing statutes, and writing reports, and some of the time I loved it, but I don't wish myself back.
In effect I "retired" at age 35.  I escaped a thinking style that I'd outgrown, and which wasn't comfortable for me any more.  Studies have shown that pessimism is a useful trait in lawyers, but it doesn't make for a happy life.   I'd rather focus on commuication than conflict, and on finding new paths than applying rules.
So now I lawyer no longer.  Indeed, in New Zealand I can no longer call myself a lawyer as under the new regulations the title is reserved for those hardy souls who pay around $2K for a practising certificate, and keep themeselves abreast of case law.   I do not miss attending legal updating seminars.

(Curiously, I can still call myself an enrolled Barrister and Solicitor of the High Court of New Zealand, just one who is non practising (and has no desire to practice)).


There is one piece advice I can give if you have a legal problem.  Indeed it's pretty much the same advice have given ever since I was a baby lawyer volunteering at the Community Law Centre.
It's this:
Your lawyer will charge you for her (or his) time.  Save yourself money by being a good client - prepared, and well organised in your dealings, listen to them, and be realistic about what the law can achieve.
This means:
Make it easy for them
When you make it easy for your lawyer to understand your situation, and get up to speed on the basics, quickly, you save them time (and you money).  You can do this if you, get your facts together, know what you want, and are realistic about what the legal process can do for you.
Get your facts together.  
The aim is to make it as easy and as quick as possible for your lawyer to find the information they need and get up to speed on your situation so they can quickly provide you with accurate advice.

  • Gather the relevant documents.  




  • Make a timeline of events.  




  • List the relevant people involved (and their phone numbers/ addresses if you have them).  




  • An excel spreadsheet or Word table is handy to produce a timeline.  Put the date in the first column, and the relevant event in the second.  You can add a third column for any relevant document you have that relates to the event (an e-mail, or certificate)




  • Hunt out the documents while you're at it.  Put them in a file, with an index so you can find them easily. 




  • Know what you want, and be realistic about what legal remedies can do
    Think about what your goals are.  What's most important to you? If you're in a family dispute, and most business disputes, you're probably going to want to maintain the relationships long term.
    How do you feel at the situation?  Angry? Upset?  Bewildered? Betrayed?  Confused?  Try and deal with your emotions separately.
    A lawyer can help with shed light on confusion, but can't heal a broken heart or work miracles.   A lawyer isn't a relationship counsellor or a fairy godmother.  If you find yourself pouring your heart out and ringing a lawyer to have someone to talk to, you'll be wasting their time (and your money).
    Don't ring every day out of anxiety.  You're wasting their time and yours - find a friend to phone instead.
    If you expect the legal process to give you revenge and the revenge to give you satisfaction, you're more than likely wasting your time there too. 
    The best revenge is living well. 
    This is the best legal advice I ever gave.   Legal processes are costly, they require wedging the range of human experience and emotion into a fact pattern that inevitably only deals with some of the issues (not the emotional ones), and often the chase is a fight to be the least worst off.   When an issue is resolved, the winner has some satisfaction, but it comes at a cost.
    Often you're financially worse off (why wouldn't it be- you're taking a highly trained productive person and paying them to try and fix a situation)
    Even the winner will have lost something - time if nothing else.
    Other points
    Expect that your lawyer may need information you haven't thought of.  You may need to add to your folder and your timeline.
    Ask them, as you would any professional - "is there something I haven't asked that you think I should have" (for example if you go in to see a lawyer for a Will they'll usually check to see if you have an Enduring Power of Attorney - which is just as important)
    Expect your lawyer to be able to explain things in plain english.
    If you'd like help with marketing and communication come to me.  If you want legal advice... you'll need to find someone else these days.

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