Law Blog

Whenever I get a new client in my litigation practice, the first thing I usually ask is whether or not they've ever been in a lawsuit before. Occasionally, I get clients who understand who understand the ins-and-outs of a lawsuit. The vast majority of people, however, have no clue what to expect. In this post, I want to take a ground-level look at what your role is as a client.

First and foremost- it's important to understand that you and your attorney should be functioning as a team. Regardless of whether you retained a plaintiff's attorney to represent you on a contingency fee basis, or your insurance company hired an attorney to represent you, the relative outcome of the case is often affected by how well you and your attorney work as a team.

As with any good team, honesty and communication play a vital role. Your simplest and easiest job as a client is to be an open book for your attorney. Understand that both of you are seeking the best outcome for your case. While you might be hesitant to tell your attorney things that you think aren't very important, or are possibly even harmful to your case, it is your attorney's job to understand those details so that they can be prepared to deal with them effectively. Surprises during depositions or trial are never good.

Several years back, I was in trial in Ft. Worth. During a break in the trial, the judge told us a story about a trial in her court when she had just taken the bench. She said it was a simple and short car-wreck case. At the start of evidence, the plaintiff's attorney got up and called his client as his first witness- a likeable middle aged man. Knowing that he would make a good impression, the attorney was asking some simple background questions so the jury could get to know his client a little bit. The man had married his high-school sweetheart, had two kids and a dog, and moved to Texas about 5 years ago. "What brought you here to Ft. Worth?" the attorney asked. "The Federal Witness Protection Program." The attorney had no clue that his client was in witness protection.

In practice, honesty with your attorney should have a strong impact during four phases of the lawsuit: the outset, written discovery, depositions, and finally trial. If your attorney develops a theory or understanding about the case that isn't how you feel about it, tell them. If you feel like they aren't grasping a key detail- let them know! If they tell you to restrict access to your social media, or to avoid contact with the other party or witnesses- make sure you follow their advice, and if it's not possible for you- inform your attorney.

Just as importantly, have good open lines of communication with your attorney- and expect the same from them. You don't need to be available 24/7, but do your best to respond to emails and calls from your attorney within a day or so. When they call to discuss certain aspects of your case, try and make a little bit of time so you can give it your full attention. We know how difficult it can be to step away from a demanding job, and I've usually done my best to accommodate my clients by calling during times that work best for them- but I can only do that if I have a heads-up. When it's time for depositions, make sure you are part of the scheduling process- don't let those emails just sit in your inbox! If you have a conflict with the trial-setting, let your attorney know as soon as possible. Finally, if you have a question- ask it! It's part of our job to keep you informed and answer questions about your case. Most of the time, that involves explaining what we are doing, why we are doing it, and when you can expect some sort of update. Lot's of times, those things sound like absolute gibberish to clients who don't have any formal legal training, and might not know what a motion to compel, motion for summary judgment, or a Daubert challenge is. If you are interested or confused about something, pick up the phone and ask!

There are outliers, of course, but some of my most disastrous cases I've had have been instances where my clients either don't want to be involved in the case, or where they intentionally (or accidentally, sometimes) fail to communicate an important detail about the case to me until it's too late for me to do anything about it. On the other hand, some of the most successful cases I've had are those where the other side isn't functioning as a team. After all, clients who communicate honestly and often set their attorneys up for success, and put themselves in the best position to get the results that they are after.