English
EspañolWhat will my lawyer need to know from me?
Once you choose a lawyer, make sure to explain to the lawyer everything that you think is relevant about your case. Here are some things that you might want to bring up in your first couple of conversations with your lawyer:
- your concerns about the case;
- your goals;
- what you think the other party’s goals will be, or what you think they may say about you, regardless of whether those things are true or made up. Even if you believe that this information would be hurtful to your case, your attorney should be aware of everything. Having surprise evidence come up during a hearing or a trial that your attorney was not prepared for can be very damaging to your case;
- ask about their strategy for how to accomplish your goals;
- discuss what you can do to better prepare your case, including what documents you may be able to show the attorney, what witness testimony may be helpful, etc.; and
- ask what else they need to know from you. Be open and honest with your attorney in answering whatever questions they have. Your attorney may have to ask difficult questions that will be hard for you to answer. However, with limited exceptions, your conversations with your attorney are confidential.
If you feel you are having trouble explaining things to your lawyer, write down what you want to say beforehand. Sometimes it is helpful to write things down in a bullet point list, keeping each bullet point to one or two sentences. When you write things down in this way, it often helps you get your thoughts straight and focus on the most important parts. It could also help the lawyer follow what you are trying to explain.
Which decisions about my case do I get to make myself?
Your lawyer is supposed to advocate for you and represent your interests in the case to the judge. Your lawyer can make strategic decisions on the case, such as what evidence to present, which witnesses will testify, etc. However, you are the only one who can make decisions about what type of settlement to accept in the case. For example, if the other parent wants joint custody or unsupervised visits and you feel this is not in the best interests of you or your child, you do not have to agree to this just because your lawyer might want you to. You can tell your lawyer to refuse the offer and go to trial. However, people often agree to settlement offers that might not be exactly what they want to prevent possibly ending up with an even worse outcome at trial. Your lawyer should give you information and advice to help you make an educated decision about whether to settle or go to trial. Your lawyer can tell you the likelihood of winning your case based on what the law says and how judges tend to rule in your county. You should consider all of your lawyer’s advice carefully – but the final decision is yours.
Before your court hearing, you can ask the lawyer how s/he is planning to present your case to the judge. Remember that while you are in front of the judge, your lawyer is probably trying to sift through everything you have told him/her to pick out the things that are most important to bring up in court. If you think the lawyer forgot something or said something incorrect to the judge, be sure to let your lawyer know. You know the facts of your case better than anyone, and you are an important part of your “legal team.” Don’t be intimidated by your lawyer. It is important to have a voice in the relationship with your lawyer.
Remember that while your lawyer has special expertise in practicing law, you are the one who has hired the lawyer, and it is your case that s/he is working on. You will be the one who has to live with the outcome of the case long after your lawyer has moved on to other clients.
A lawyer told me he cannot represent me because there is a conflict of interest. What does that mean?
If a lawyer tells you they cannot take your case because of a conflict of interest, it means something about your case could keep them from representing you fairly and fully.
For example, this might happen if:
- The other person in your case shared information about the case with the attorney, asked them to be their lawyer, or the lawyer is actively representing them;
- They previously represented the other person involved in your case;
- They know private information from a past client that could affect your case;
- They still have duties to a current or past client that would limit their ability to represent you; or
- They have a personal or financial connection to the other side that could affect their representation.
Because lawyers must follow strict ethical rules, they cannot take cases where they would not be completely loyal to you and your interests. A conflict of interest could prevent them from giving you their best, most honest advice and representation.
So, if a lawyer says there is a conflict, it does not mean your case is not important. It just means they are not allowed to represent you because it could be unfair to you, and there’s a potential conflict of interest they are trying to avoid.
If you want to learn more about the rules lawyers follow, you can read the Model Rules of Professional Conduct from the American Bar Association.
