Yesterday’s discussion of Missouri’s new lawyer advertising rules
raised the issue of how consumers choose lawyers. Today, I want
to tell you about a wise consumer who knew which lawyers not to pick.
A reader who found this weblog when Googling about contingency fees,
wrote to tell me about a firm with whom she was discussing a case
potentially worths millions of dollars. Here are her own words
(emphases added by me):
I had met with these attorneys a month ago about my case.
They were with me for five hours learning the details and asking
lots of questions. Upon my leaving, they presented me with a
contract to review and sign.
One of the attorneys was putting lots of pressure on me to hurry
and sign, and at that point, I just needed some time to really think
about my decision and my motivations.
I finally decided I was ready to proceed forward, and called them last
week. We sent up a meeting for this past Monday. I had brought with
me a copy of the first contract they had given me to make sure things
were the same.
Once I was there, they presented me with the contract and things had
been changed. Big things…like the percentages and also their attorneys
fees had gone up. I immediately questioned the percentages, and he
said that it was a mistake and was quick to correct those. As far as the
higher attorney’s fees, he said it was to my benefit, since it applied to
the other side having to pay. Needless to say, I was taken aback.
One of the attorney’s said to me this morning, “It’s like you are
purchasing an airline ticket. You don’t ask all these questions about the
fine print on the back of the ticket…you just buy it!” I said to him, “If that
ticket was going to cost me $5 million dollars I most certainly would ask
a lot of questions!”
Anyway, I went and picked up my materials today. He had told me if I didn’t
have something ready to sign by tommorow at 5:01 I could come pick my
things up.
I’m glad she walked out. Personally, I’d love to file a grievance against these
lawyers — or give them a little infam-e. Am I being too critical, impractical,
or naive?
“Fiduciary/Schmiduciary” is not an acceptable attitude for a law firm.
afterthought (Sept. 28, 2005): A consumer who’s willing to invest some
time in finding a lawyer, should consider reading Jay G. Foonberg’s
Finding the Right Lawyer. (even its table of contents is helpful) The
author sells it for $19.95, but the Amazon.com Marketplace has
copies for as little as $1.14 today. Also, legal reform group HALT
has an online brochure, “Before Your Hire a Lawyer,” that lists your
rights as a consumer of legal services and the kinds of information
and treatment you should expect from a lawyer.
first snow falling
I trust in his hand…
bridge by the gate
entrusting it to young folk
I sleep…
cozy wood fire
trusting its fate
to the autumn wind…
duckweed
translated by David G. Lanoue
“EyeChartN”
September 27, 2005
fine print? schmine print!
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kinkytoon #1: “I Looove Texas”
Political and humor junkies better head right over to catch the
first online animated campaign commercial in Kinky Friedman’s
2006 independent race to be governor of Texas. It’s called I Looove Texas,
As the weblog post launching the ad explains:
Narrated by Friedman, “I Looove Texas” features
endangered cowboys, sexy cheerleaders, and stereotypical politicians
proclaiming their love for Jesus. It shows Texas through the
unconventional eyes of Kinky and reminds Texans they have another
choice for governor next year-a true Texas independent.
“I grew up in Texas, I played music in Texas, I wrote my mystery
novels in Texas, and I have traveled the world, but Texas is my home,”
Friedman says in his KinkyToon(TM).
Not having a giant campaign warchest, the mystery-writing-ex-country-rocker
says, “We’re asking our supporters to distribute the ad to friends and family
so that it spreads like a bad rumor.” It left me smilin’, so pass it on.
We reviewed Kinky’s latest nonfiction book, Texas Hold ‘Em:
How I Was Born in a Manger, Died in the Saddle, and Came
Back as a Horny Toad (St. Martin’s Press, 2005), here.
a flea jumps
in the laughing Buddha’s
mouth
autumn’s first geese
crapping on people
fly on
translated by David G. Lanoue
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exploring the cave
abandoned still–
broken mason jars
sparkle in the moss
exploring the cave . . .
my son’s flashlight beam
disappears ahead
morning calm . . .
heavy with frost the leaves
continue to fall
closing-out auction–
the farmer clenches the muscles
in his cheek
from Fresh Scent: Selected Haiku of Lee Gurga (Brooks Books, 1998)
by dagosan
three-years’ worth
of cobwebs — first,
he dusts off his Swiffer
[Sept. 27, 2005]
potluck
When a new novel called “The Lincoln Lawyer” was
mentioned on the radio this morning, I thought it must be about a lawyer
of admirable character. Instead, I learned that it’s Michael Connolly‘s entry
in the legal thriller genre, and features a criminal defense lawyer of less-than-
sterling character named Mickey Haller. who runs his practice from the backseat
of his Lincoln Town Car, as he travels between the courthouses of L.A. County.
Connolly’s a favorite of mine and I find the rave reviews for “The Lincoln Lawyer“
to be quite credible. His well-defined characters, realistic dialogue and procedures,
and tight plots should set the standard for legal thrillers. It’s available on
Oct. 3rd at your bookstore, and appears to contain a lot of good ethics hypos
for criminal defense lawyers.
Can anyone tell me why books are given different
covers inthe UK than in the USA? Compare the two for Lincoln
Lawyer here. The Lincoln Town Car speeding by in a blur in the
USA edition, but looks stationary for the UK.
Someone Googled Clarence Darrow’s quotation, “inside every lawyer is
the wreck of a poet” today, and I was pleased to see that the first result was for
an f/k/a post that blurbed about his birthday last April. Of course, we say:
“Inside every lawyer is a heck of a poet!” (potentially)
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lawyers and spouses
Thanks to Todd “Mowabb” Chatman and Blawg Review #25, my newly-discoveredweblawg of the week is the two-day-old Law Spouse weblog. It’s hosted by law-schoolwidow (and mother of two) “j spaulding.” Law Spouse‘s tagline is “a blog communityfor those who love a law student.” The editor notes:“If you’re married, law school and its attendant headaches affect BOTHof you, for good or for ill. It’s compounded by trying to work while youattend law school — even more so if you have children (no matter whattheir ages).“This blog is meant to not only relate my experiences as a law schoolwidow — what works and doesn’t, fears and victories — but to act as aventing place for other law school spouses who sometimes feel likethey’ve earned the right to have that “Juris Doctor” tattoed on their behinds,as well.”This weblog is a very good idea and I hope it will attract a broad following — withthe “community” offering a lot of “what works” and not just “what irks” whentrying to share a life with a law student.still no wife
his voice grows hoarse…
katydidKobayashi Issatranslated by David G. LanoueFinding Law Spouse, reminded me that I’ve been meaning to mention two booksthat could be helpful for those who are trying to love a law student or a lawyer:(1) Should You Marry a Lawyer?: A Couples Guide to Balancing Work,Love and Ambition, by Fiona Travis, PhD (Niche Press 2003). A promotional piecefor this book (for which I cannot vouch) says:“You will learn …
The secrets behind the lawyer personality.
How lawyers differ from the rest of us.
How to love your lawyer without losing yourself.
How to argue with your lawyer … and survive.
How to build intimacy with the lawyer in your life.
How lawyers can be better, more loving parents.
How to keep billable hours from destroying your marriage
How to help your spouse find career satisfaction in or out of the law
“So, whether you date, live with, are engaged to, workfor … or are already married .. to a member of the bar, this book is for you! “(2) Living with Lawyers, by Frances M. Weiner, et al. (Quarry Publishing, 2001).This book “explores”:– The Lawyer Personality – the traits successful lawyers share
– What the lawyer has learned in law school that changes him/her forever
– The unique stresses of the legal professionLiving with Lawyers will empower people and help them improve yourrelationship with a lawyer by revealing:– The 7 Secrets to Living with Lawyers
– The most effective techniques to communicate with a lawyer
– How you and your lawyer can manage your stress
– How to love a lawyer without losing yourselfBoth books are under twenty bucks. The life you save may be your own.hey big cat
shake a leg!
the wife callspretending not to see
his wife’s face…
defeated wrestlerKobayashi Issatranslated by David G. LanoueLawyers Choosing a Spouse: When drafting his recent sermonsadvocating self-assessment by law school applicants, students and lawyers, aswell as keeping one’s options open (and budget under control), Prof. Yabutavoided an important topic that needs to be mentioned — who you choose tomarry. This may sound obvious, but sometimes it is lost in the blush ofyoung love and lust, or inertia: marrying a spouse who, for all your good traits,is also highly invested in the expected lifestyle and respectability of a financially-successful lawyer, can greatly (1) limit your future career and life choices;and (2) exacerbate forces within the profession that so often lead to a focuson profits, power, and prestige rather than service to society.Which is to say: your spouse could be the one snapping on those goldenhandcuffs — or at least be an enabler or cheerleader as you attach that ball‘n’ chain. So, while you’re finding out your own values and priorities, makesure you also know those of a prospective spouse (including once childrenarrive), and she or he knows yours.
spring rain–
in the wife’s sleeve
coins jinglea wife, a child…
foretelling my fate?
blossoms scatter toobecoming beautiful
Buddhas, butterfly
husband and wifetranslated by David G. Lanoue
by dagosan:“can I ask you a question?”ducking, the law students says“you just did”[Sept. 27, 2005]