Solo In Chicago…Grow Your Practice!

 Powered by Max Banner Ads 

Well I guess the long-rumored transfer of the downtown Chicago parentage/child support court to Daley Center from 32 W. Randolph is actually happening. I had an order entered today where the next court date isn’t until March 2011 and the clerk has a form stamp directing this next court dates to the concourse level of Daley.

Personally I think that clients change lawyers more than they should and often to their detriment. I suppose it’s emblematic of a greater societal impatience and an inability to delay gratification. Instead of developing trust and deep understanding with their lawyer (and vice-versa) too often clients bail when a single ruling doesn’t go their way.

The impact on lawyers? It’s inevitable that once in a while You’re Not Your Client’s First Lawyer. Sometimes that’s good, bad, or ugly.

The Good. Many times, unfortunately, clients have good reason to fire lawyers due to  sloppy lawyering and bad customer service. What’s “The Good”? Well, if you’re following the bad lawyer it’s actually a nice and often easy opportunity to differentiate yourself in a very positive way. I took a position earlier in my career where unbeknownst to me the attorney who I was replacing had essentially ignored 35 active case files…no communication, cases dismissed due to missed court dates, and generally an utter mess. Thus just by meeting and calling clients about their cases and doing things I’d always done like providing them with copies of any paperwork or court orders related to their case I was able to look pretty good in comparison. In that situation it wasn’t hard to look good in comparison to my predecessor. The same opportunity exists most times when You’re Not Your Client’s First Lawyer.

The Bad. Of course it’s just as likely that a lawyer/client “divorce” is caused by a client and that’s a big reason for concern When You’re Not Your Client’s First Lawyer. In my experience unreasonable clients are the most common reason for lawyer/client firings…things like unrealistic expectations and inordinate telephone calls or e-mails, payment problems too. You MUST ascertain a client’s motives for firing or being fired by a previous attorney when choosing to represent this sort of client. These clients are a recipe for potential disaster and a likely bogus ARDC complaint when thorough lawyer due diligence isn’t done in advance.

The Ugly. I recently observed a situation where a client’s current attorney who I know to be a very solid practitioner was sort of undercut due to the bad lawyering of a client’s previous attorney(s). Client’s previous attorney had not complied with basic discovery provisions from more than a year prior and the client’s previous attorney had not turned over her file over to the client. Fast forward to the client’s trial and the opposing lawyer questions client about her finances and client mentions certain accounts that she hadn’t previously disclosed in discovery from more than a year ago. Opposing lawyer pulls out an old discovery production request where he’d asked for all account information and, well it didn’t get better from there on substance or with regards to the client’s perceived credibility.

After observing the last example above I was about ready to institute a hard & fast rule that I would simply NEVER take-on new clients When You’re Not Your Client’s First Lawyer. But I don’t think that’s realistic…that’s too much business to turn my back on.

However, I think lawyers are wise to be very hesitant in retaining clients When You’re Not Your Client’s First Lawyer and should consider the following:

• Do some serious questioning of a client regarding the previous lawyer/client relationship and ascertain why it ended. Was it bad lawyer customer service? Was it an unreasonable and non-paying client? Might you contact the previous lawyer for further explanation?
• Get the client’s entire file directly from the previous lawyer.
• If the case is active/in court, contact opposing counsel about case status and ask about any outstanding obligations or discovery requests.

Because too many lawyers are long-winded and don’t realize that less is more we have to really work on having a concise and useful “elevator pitch.” That’s typically your one shot in many of the groups and networking events that I attend and there are a LOT of those coming up particularly in the next month with the Christmas season upon us (first major Chicago snow is falling as I type this).

I attended an event recently keynoted by a Jason Rosado @ Distinctive Coaching. His public speaking wasn’t the best but his “Build Your Perfect Elevator Pitch” concept was a nice take-away. He suggests you answer 3 questions:

1.  Who is your customer?

–I help families dealing with family strife and possible break-up.

2.  What is their problem or challenge?

–These families are often facing serious financial strain, child abuse, and general upheaval due to separation, divorce or abusive relationships.

3.  What benefits and results do they end up with?

–My clients are able to achieve access to an equitable financial structure through child support and property division as well as a clear parenting structure and a more positive home life for minor children.

Then the 3-6 sentences you use to answer those questions is your 30 second elevator pitch. Simple, concise, effective.