Top Ten Secrets Smart Lawyers Never Tell

Attorneys are quick to remind clients not to talk to the police, since anything the individual says
can be used against them while recounting what the police say is inadmissible as
hearsay. Attorneys will demand the truth from their clients while being selective in what they
reveal in court. However, there are things smart lawyers avoid sharing with their clients.
These are the top ten secrets smart lawyers never tell.

10. Court Appointed Attorneys Are My Best Friend

The Bureau of Justice Statistics found that defendants with a court appointed lawyer received
worse outcomes than those with public defenders or attorneys they hired themselves. Your
case improves if the other side has an appointed attorney.

9. Court Room Shopping Can Make Or Break A Case

The outcome of a case can depend on the jurisdiction where the trial is held. Smart
attorneys know which jurisdictions are more lenient for each type of case. They will know
when to move criminal trials to another jurisdiction or keep a matter in juvenile court. Smart
lawyers will tell you the percentage of cases they win. They may not tell you to what degree
the outcomes depended on the prosecutor or judge in the case.

8. My Relationship With The Judge Is As Important As The Jury

Will a case be thrown out or granted standing? Will the judge permit questionable lines of
questioning or stop the attorney’s questions? Is the evidence going to be allowed or denied?
An attorney with a close relationship with the judge may bias the process in his defendant’s
favor more than anything else, including the jury. The attorney’s relationship with the judge will
shape the jury I’m allowed to select. And if the judge hates the attorney, you might as well have
a public defender.

7. We Have  – And In The Partnership

All across the United States, a disproportionate number of legislators and elected
officials are lawyers. In states like Texas with part time legislatures, the number of
attorneys is even greater than legislatures with paid full time members.
From a law firm’s perspective, it is better in the long run to pay a partner or staffer
while they are in office than ten times that much in lobbying fees. It is a legal way to
influence the outcome of various public policies, from tort reform to consumer bills of
rights.

6. My Paralegal Can Do Almost Anything I Can Do

Paralegals have grown far beyond the role of the lawyer’s clerk. From drafting
contracts to legal research, creating wills and trusts to filing legal forms with the
courthouse, paralegals do 80% or more of the work an attorney does outside of the
courtroom. For most legal matters, the paralegal did everything but sign the form.
Furthermore, when the paralegal does a large portion of my work, smart
attorneyswill bill you for both the paralegals time and their own. Due to the law
school glut and general lack of full time law positions, it is possible that the
paralegal is as qualified as the attorney.

5. You Might Not Need Me

For simple legal forms like roommate agreements, uncomplicated wills, the sale of
assets without other owners and a few types of contracts, you could use the state
specific legal forms at the office supply store or created using commonly available
legal software.
There are occasions where you need an attorney, such as any case where you’ll be
facing a judge, criminal charges or negotiating a settlement. You should have an
attorney for complicated estates, arbitration, and anything involving the IRS or
another government agency. You can draft a general power of attorney documentbefore
going to the hospital without an attorney before visiting the hospital in many cases,
but you need legal advice if other family members may contest your right to manage
that person’s affairs. However, for the majority of simple legal matters, smart
attorneys don’t tell you that you may not need them at all.
And rare is the attorney who will refer you to a mediation service instead of using his
or her services. An amicable divorce with a mediation service will cost far less than
an attorney eager to draw things out to earn more billable hours.

4. I Am Not A CPA Or Financial Expert

An attorney is rarely a certified public accountant, certified financial planner or
financial adviser. Your attorney can settle an estate, but he isn’t qualified to give you
financial advice to minimize the tax bill.
A smart attorney may win you the most assets in the divorce, but he will not
necessarily tell you how to minimize the taxes due if you have to sell those
assets.Smart attorneys should tell you what advice they cannot legally give you, but
they rarely outline the limits of their knowledge.
The small percentage of attorneys who can legally provide financial advicegenerally
specialize in estate planning or tax matters. For example, IRS enrolled agents who
help people in their fight with the IRS tend to be both CPAs and attorneys.

3. Just Because I’m An Attorney Doesn’t Mean I’m Qualified To Handle Your Case

Smart clients determine the type of case they are facing and find an attorney who
regularly handles this type of case. Your friend the divorce attorney may be a lawyer,
but you don’t want him handling your criminal case unless it is charges due to failure
to pay child support. Your friend who handles traffic tickets has very little useful
advice on settling an estate, and he shouldn’t be representing you in a criminal case
unless it is for DUI.

2. The Price I Advertise Isn’t What You’ll Pay

Lawyers regularly advertise their price per hour. What they don’t tell clients is the
additional fees like paralegal fees, filing fees and the cost per minute of calling them
at 10 PM and that will inflate the final bill.

1. If I Am Paid On Contingency, You’ll Get Very Little

Lawyers who work on contingency promise that you’ll pay nothing for their
services if you lose. Smart lawyers don’t tell you how much they take if they win
until they very end. Contingency fees will range from 30% to 50% of the award. You
may or may not owe taxes on top of that.

This means that when you hire an attorney on contingency, you will keep 10% to
50% of the award. Smart attorneys will also neglect to tell you whether you are
likely to get a better settlement if you push on, if they want to get a settlement to
make their money now and pay their bills.

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