Are there “danger signs” that I should look out for that would signal that I may have a problem with my attorney?

Yes, if you are experiencing any of the following call Nichols Consulting for an evaluation:

Legal Fees - The inappropriate attorney will not present you with a written retainer agreement.  He will sometimes present a retainer “letter” that does not spell out the particulars of how you will be billed.  Often such an attorney will say, “I’ve got to do [this and that]. Let’s see what happens after that.”

The inappropriate attorney will either not send you regular statements of your account, or if he does, the statements will not be itemized.  Sometimes these attorneys will only send a statement when they are seeking additional money.

The inappropriate attorney many extract a retainer fee “to get started” and suggest that you have to “see what happens” in the case to determine fees.  Be careful of this!

Office Management - The inappropriate attorney’s office looks like it was hit by a bomb!  Often he carries around little pieces of paper to remind him of what he must do.  He is rarely on time.  He will often be interrupted while speaking to you.  He will not be accessible and he will return his calls, if at all, days after they were received.  His office staff are stressed, overworked, and probably underpaid.  In short, the inappropriate attorney is disorganized and has poor work habits.

Representation Style - The inappropriate attorney is reactive.  He waits for the opposition to make their move and then he reacts.  He is like the football team that has no offense.  His strategy: Let’s wait for the opposition to make enough mistakes for us to win.

Perhaps no other factor is more associated with disastrous results in false abuse cases!  Cases involving false allegations of child sexual abuse require a proactive attorney.  It is not enough to “defend” the client.  Our national experience indicates that attorneys need to be running out of the blocks!  They need to vigorously assert their theory of the case from the onset.  Beware of the attorney who says, “Let’s see what the other side does and then we’ll see what we’ll do.”

Case Management - The inappropriate attorney is not organized.  He will work on one activity and then the next.  He will run from one brush fire to another.  He will generally spend much time doing “damage control” in the areas that he should have been working in the first place.  He will not manage the case.  The case will manage him!

Expert Consultation - The inappropriate attorney speaks directly to God.  He knows everything.  He believes that his fast-talking rhetoric will “destroy” the opposition.  He considers expert consultation to be a waste of money [Money that he can collect in fees].  He will ultimately not understand the expert strategies presented by the opposition.  And almost always, he will not prevail in court.

Creativity - The inappropriate attorney has a “formula” for trying your case.  He fits your case into the way he likes to work.  He is dogmatic in his approach.  In contrast to the open mind of the appropriate attorney, the inappropriate attorney must “do it his way.”  He has a major investment in his ego and advocates for his ego on a regular basis.  When he loses his case, which is much more often than he will admit, he blames the judge or the jury.  He tells his clients, “I don’t know what went wrong with that judge [or jury].”  In fact, he rarely listens, he rarely considers the unique aspects of the case, in short, he is out of touch with the case.

Team Work - False allegation cases are complex, pervasive, and extensive.  Appropriate attorneys know this and have long become team players who rely on consulting experts, investigators, and all who can help in the development of an effective defense -- not the least of which is the client.  As the trial date approaches the “team” is ready to go.  An appropriate attorney will not hesitate to ask for help.  He takes pride in his victories above all!

The inappropriate attorney is a solo act.  When his client talks, he hardly listens.  He often seems preoccupied with other matters.  He does not see the need for a team.  He is the team.

Client Relations - The inappropriate attorney works on a “case” without respect for the “client” whose life swings in the balance.  He has little understanding or tolerance for the emotional turmoil and fears that the client faces.  He keeps his client in the dark.  He often considers those who are falsely accused to be “problem clients”.  He has severed the human dimension from the practice of law.  Often the client feels as if his sole function is writing checks.

If you have experienced any of these “danger signs”, call Nichols Consulting for a free initial consultation. Next Question