Six Things Attorneys Wish You Knew

"SteveLehto" (stevelehto) 05/31/2015 at 14:40 • Filed to: None

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I’ve been an attorney in Michigan for 23 years. Along the way I have encountered clients who have misconceptions about what lawyers can and cannot do. Here is what every attorney wishes you knew.

And if you want to, you can skip all the words below and hear me rant about this on this week’s podcast. Same topic !!!error: Indecipherable SUB-paragraph formatting!!! instead of read. It’s up to you.

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Here you go: 1) We don’t write the laws. We merely try to help clients navigate them. You don’t like the law you are accused of breaking? Don’t yell at me. I cannot do anything about the law itself - at least not any more than you - so until the law changes, don’t scream at me about how stupid the law is. Yes, we can talk about it on a theoretical level but I am not the proper target for your anger.

2) Attorneys are just as frustrated by the legal system’s inefficiency as you are. Many people think that attorneys love the way courts are slow and unpredictable and that we somehow make more money because of how slow courts are. The exact opposite it true. I’d rather be in my office working than sitting in a hallway for three hours waiting for a tardy judge to show up. Is there anything attorneys can do about it? No, sometimes waiting is part of life. While we wait, you can tell me all about how this is the first time you ever did this and how the officer should have cut you some slack.

3) A good attorney cannot win a bad case as easily as a good one. While attorneys on TV always seem to have cool tricks up their sleeves, the bulk of your case’s outcome may have been decided by things which happened before you even met your attorney. Yes, a bad attorney can lose a good case, but there is only so much rehabilitation I can do with your bad facts. The officer has dash cam footage of you leaning out the window of your truck, firing a rifle at the deer in your neighbor’s backyard? There are no legal shenanigans I can yank out of thin air to make this “go away.” I can get you a fair trial and I can do what I can to minimize the pain, but don’t get angry when you don’t get off scot-free.

4) We can’t afford to work for free. Those movies where an attorney takes a case to the Supreme Court pro bono and everyone wins in the end? Yeah, that’s Hollywood. Attorneys have phone bills, payroll, rent, insurance and a host of other costs attendant to running a business. I have helped people out and have cut my fees more times than I’d care to admit. I’ll also look for a way to recover your fees in the action if it is possible. Will you see me in front of the SCOTUS, arguing that your right to hunt from a moving vehicle “defines the intersection between the 2nd Amendment and a citizen’s Freedom of Movement”? Sure. If you pay me.

5) My good friend Adam Helmer reminded me of one: If you think you can “save money” by handling a case on your own, don’t be upset when we tell you how expensive it is to straighten the case out later. Every attorney has stories of the clients who resorted to self-help and dug themselves into a very deep hole before buckling and deciding to hire an attorney after all. I’ve got news for you: The mess you made of your case will be more expensive for me to resolve than the case would have cost originally. And that is assuming we can do anything for you.

6) And, that story you heard from a friend of a friend who said he “knows a guy who got off on these exact charges because his attorney knew the judge,” probably isn’t true. And if you think it is, HIRE THAT ATTORNEY. Maybe that judge and the other attorney often deer hunt from moving vehicles together? But the odds are, it’s one of those friend-of-a-friend stories that wouldn’t check out, even if you could trace it to its source.

Attorneys are people doing a job. The job may seem mysterious but that’s only because you don’t deal with us all too often. And if you do, that might be the root of the problem. But remember: We’re not the ones getting you sued or arrested. We’re the ones who come along later to help you navigate the system.

Follow me on Twitter: !!!error: Indecipherable SUB-paragraph formatting!!!

Hear my podcast on iTunes: !!!error: Indecipherable SUB-paragraph formatting!!!

Steve Lehto has been practicing law for 23 years, almost exclusively in consumer protection and !!!error: Indecipherable SUB-paragraph formatting!!! He wrote !!!error: Indecipherable SUB-paragraph formatting!!! and !!!error: Indecipherable SUB-paragraph formatting!!! .

This website may supply general information about the law but it is for informational purposes only. This does not create an attorney-client relationship and is not meant to constitute legal advice, so the good news is we’re not billing you by the hour for reading this. The bad news is that you shouldn’t act upon any of the information without consulting a qualified professional attorney who will, probably, bill you by the hour.

For Sweden > SteveLehto 05/31/2015 at 15:01

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One Thing I Would Like To Tell Attorneys

Just because you graduated from NYU and have a shiny new Private Pilot license doesn’t mean you can fly a Beechcraft Bonanza into a storm without killing yourself. They are called Fork-Tailed Attorney Killers for a good reason.

SteveLehto > For Sweden 05/31/2015 at 15:02

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Can’t you beef that list up to six? “Number Three Will Blow Your Mind!”

For Sweden > SteveLehto 05/31/2015 at 15:10

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I’ve got a second one...

“Unless you’re in France, aircraft accident investigations are not legal investigations, so stop hassling the investigators in the scene.”

SteveLehto > For Sweden 05/31/2015 at 15:12

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Is this an attorney-specific problem? I’ve known of some doctors and other professionals who have gotten planes when they shouldn’t have.

I also know a guy who works for the FAA. Interesting job.

For Sweden > SteveLehto 05/31/2015 at 15:26

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They usually only show up to an accident scene looking for a case once.

SteveLehto > For Sweden 05/31/2015 at 15:30

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Oh, I thought you meant as pilots.

Remember Flight 255 which crashed in Detroit in the late 80s? A guy showed up at the scene dressed as a priest and got full access to the grieving families. He consoled them and handed out business cards for a local attorney.

Later, the “priest” fled to Canada and the attorney claimed he had no idea who the guy was or why he was handing out those cards . . . .

For Sweden > SteveLehto 05/31/2015 at 15:35

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The pilot thing is really an any professional title problem.

I know one of the Northwest investigators who worked on Flight 255. PTSD was still a pretty new concept, and it certainly applied to many working that case.

Opposite Locksmith > SteveLehto 05/31/2015 at 15:44

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Pretty cool write up

SteveLehto > Opposite Locksmith 05/31/2015 at 15:45

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Thanks. I wrote it then realized it really didn’t fit Car Buying per se, so I put it here.

thebigbossyboss > SteveLehto 05/31/2015 at 15:52

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I imagine #7 is “Don’t confess your crimes to the police, and when they ask you questions shut up, you CANNOT under any circumstance help yourself but you can hurt yourself.”

Of course I am very much not an attorney, but I take this credence to heart.

SteveLehto > thebigbossyboss 05/31/2015 at 15:54

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I was going to do a list of the things I would tell you to do before you called me - like that - which were more about general advice to protect your rights. But this list was very self-centered - the things that I wanted you to know about ME and/or an ATTORNEY YOU HIRE and what we can and cannot do for you.

But yes, if you make the hole you are in deeper, you have no one to blame but yourself (and it will cost you more for me to help you out of it.).

thebigbossyboss > SteveLehto 05/31/2015 at 16:00

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Ah ok. Fair enough.

My X-type is too a real Jaguar > SteveLehto 05/31/2015 at 16:26

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Here’s one I learned 1st hand, if you are in an accident that is not your fault involving multiple vehicles, fatalities, and huge medical bills, find an attorney before you call your insurance company. It is going to take a year or more to get everything sorted out and your attorney will keep the collection agencies and insurance companies at bay. They are indispensable in these cases and will keep you out of small claims court while you wait for everything to sort itself out.

Oh and carry as much uninsured coverage as you can afford, when the shit hits the fan that might be the only thing saving you from financial ruin.

BorkBorkBjork > SteveLehto 05/31/2015 at 17:00

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The officer has dash cam footage of you leaning out the window of your truck, firing a rifle at the deer in your neighbor’s backyard?

What about the sunroof?

And no, I have absolutely no idea who that is or where this photo was taken.

Tohru > For Sweden 05/31/2015 at 17:06

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Petition to start a Kickstarter to buy a Beechcraft Bonanza for every attorney that does TV advertisements for class-action suits for mesothelioma, asbestos, medical procedures, GM ignitions, etc.

SteveLehto > BorkBorkBjork 05/31/2015 at 17:19

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Exhibit “A”

BorkBorkBjork > SteveLehto 05/31/2015 at 17:31

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Reading the article, I sense you actually have a story about a client who did indeed hunt from a moving vehicle.

AMGtech - now with more recalls! > SteveLehto 05/31/2015 at 18:14

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Excellent write up. #5 applies for my line of work also. Come to think of it, if some nouns were changed this might work for a lot of professions.

Actually, would you mind if I used this format to do one like this from my perspective? I would credit you and link this of course.

SteveLehto > BorkBorkBjork 05/31/2015 at 18:23

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“A” client implies only one.

SteveLehto > AMGtech - now with more recalls! 05/31/2015 at 18:24

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Yes, go right ahead. Someone tweeted me and said the same for his profession. He’s a civil engineer.

AMGtech - now with more recalls! > SteveLehto 05/31/2015 at 19:47

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Great. Thank you.

bubblestheturtle > For Sweden 05/31/2015 at 22:10

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I have always called them Fork-tailed Doctor Killers, but both work.

Birddog > SteveLehto 06/01/2015 at 12:47

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I highly recommend everyone listen to the Podcast after reading this. You get some fun little bonuses.

SteveLehto > Birddog 06/01/2015 at 12:48

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Thanks for noticing. I don’t script the podcasts so there is always a little extra!

Hotscot > SteveLehto 06/01/2015 at 18:42

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And if, when being questioned in court you are asked...

“Do you know what time it is?”

Answer “Yes.”

And nothing more.

story645 > SteveLehto 06/01/2015 at 18:42

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I’m now terribly curious if the hunting from a moving vehicle story was a real client.

jcheyney > For Sweden 06/01/2015 at 19:02

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I have also heard them referred to as ‘Doctor Killer’s’ for the same reason.

Volante3192 > SteveLehto 06/01/2015 at 19:08

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While we wait, you can tell me all about how this is the first time you ever did this and how the officer should have cut you some slack.

So...how often do you wish you could project Jim Carrey a la Liar, Liar?

MrPendent > SteveLehto 06/01/2015 at 19:14

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Jumped up Jesus in Jello. For all the attorneys out there: if you want to know why most people don’t like lawyers, read the article and note the condescension, self-importance, and lack of empathy.

AudreFuckingLorde > SteveLehto 06/01/2015 at 19:23

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“Will you see me in front of the SCOTUS, arguing that your right to hunt from a moving vehicle “defines the intersection between the 2nd Amendment and a citizen’s Freedom of Movement”? Sure. If you pay me.”

Still laughing.

XJDano > SteveLehto 06/01/2015 at 19:27

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Are you even wearing shoes in the lead photo?

A local weather guy is always in a suit & tie, but wears red or green chucks. I don't like it. But if I could wear shoes other than steel toed work boots I probably would.

OneMoreTimeAgainandAgain > SteveLehto 06/01/2015 at 19:28

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Can you fill me in on the $350 to $400 and hour thing?

Why do attorneys get to charge so much more than mechanics and plumbers? Is it simply supply & demand? Is there a crippling debt getting out of law school, so you need $1,000 a day just to pay back the loan?

I enjoy reading your posts on Jalopnik; good stuff!

You'reTooYoungToRemember > SteveLehto 06/01/2015 at 19:52

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Come on - the #1 thing should be not to talk to the cops until you’re there!!! Exercise your right to remain silent, ‘cause the cops are going to try to trick you into saying something incriminating (or inconsistent) if you let them.

And Steve, when you’re sitting in that hallway waiting for the tardy judge (#2)...aren’t you still billing out at your normal hourly fee? That always makes it more frustrating for the client since we’re still paying.

GG > SteveLehto 06/01/2015 at 19:59

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Disappointed that this did not include the one thing that I, as an attorney, wish more laypersons knew: What the First Amendment says. I get so tired of explaining to friends and acquaintances that “free speech rights” are about government-imposed limitations, and do not give you the right to say and do whatever you want on private property, including private websites (like Facebook).

bugeyedfatwalrus > SteveLehto 06/01/2015 at 20:11

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I have one:

Hire an attorney who specializes in your particular “problem”...don’t just hire the first attorney who someone you know recommends. So, if you get sued for a non compete - find someone who specializes in corporate contracts and who has been on both sides of a similar case. Experience is so invaluable...

It will save you money. I promise. Even if his rate is higher.

Legal problems are going to be expensive, its best to avoid them - sometimes you can't.

A Scribe's Life > SteveLehto 06/01/2015 at 20:26

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Steve, as one attorney to another, I think you this falls into #1 and #5 but I figured I’d commiserate a bit.

“Stop trying to tell us what the law is or how you feel (“ think ” would be exaggerating) your legal approach is the best, we did not go through three years of law school, brave however many bar exams, and build god knows how many years of experience to show we’re incompetent and need your completely non-legal bs.”

jeffrygoines > SteveLehto 06/01/2015 at 20:32

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The attitude evident throughout your article explains why your TV ads are so ineffective.

V-12 > SteveLehto 06/01/2015 at 20:32

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I wish attorney's knew that staples do not cost $1.00 each.

TheOnelectronic > Tohru 06/01/2015 at 20:57

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“If you or a loved one have died...”

ash966 > AMGtech - now with more recalls! 06/01/2015 at 20:59

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The librarian one would be: in addition to not having any say in the law, we have no say in decisions made by state or federal agencies or other local departments (special shout out to the IRS!), poor web site design, poor computer or mobile device design, or restrictions publishers make on library ebooks. We do have training to help you with it all the best we can. Also, we cannot replace your lawyer, doctor, or accountant.

Tohru > TheOnelectronic 06/01/2015 at 20:59

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*dials phone number* yes, hello, I died from asbestos. Can you help me?

TheOnelectronic > Tohru 06/01/2015 at 21:01

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“We can get you a monthly stipend or even a lump sum of braaaaaains”

dwarfANDpliers > SteveLehto 06/01/2015 at 21:02

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I would like to add from my personal experience—like doctors, you shouldn’t assume that a criminal defense guy can file patent applications, or that med mal guys can organize an LLC. I know you’re not supposed to advertise a “specialty” but I have told SO many people (family included, but they assume I just don’t want to handle their case for free, which is mostly true) that if you have cancer, you don’t go to a podiatrist.

Abraham Lincoln Town Cars > My X-type is too a real Jaguar 06/01/2015 at 21:14

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Oh and carry as much uninsured coverage as you can afford, when the shit hits the fan that might be the only thing saving you from financial ruin.

I work in PI law and have seen people’s ruined lives be even more ruined by having little to no UIM coverage.

PeteRR > SteveLehto 06/01/2015 at 21:17

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S. A. C.

keep S ilent

ask for your A ttorney

never C onsent to a search

nashy > SteveLehto 06/01/2015 at 21:22

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Sounds like you need to take some advice from “Better Call Saul” and get a better roster of clients.

White collar crime and celebrity screw ups is where the money’s at, man. Mark Geragos (sp?) or whoever is representing the latest celebrity screw up or rich kid is making major bank doing nothing but apologizing to judges and promising their client will do community service.

Cestrumnocturn1 > SteveLehto 06/01/2015 at 21:30

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The most important rule is “Keep Your Mouth Shut The Police Are Never Your Friend”.

His Royal Highness > SteveLehto 06/01/2015 at 21:46

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Uhh i know some crooked judges and lawyers in Texas that can get out off. So yeah.

SteveLehto > AudreFuckingLorde 06/01/2015 at 22:00

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Thank you. I was quite happy with how that sentence came out.

SteveLehto > XJDano 06/01/2015 at 22:01

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No.

Be glad I’m wearing pants.

SteveLehto > OneMoreTimeAgainandAgain 06/01/2015 at 22:02

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Supply and demand. I can find you an attorney who will work for less. You get what you pay for.

Oh, and yes on the student loans.

SteveLehto > You'reTooYoungToRemember 06/01/2015 at 22:04

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This was advice ABOUT attorneys.

Most of my criminal stuff is flat fee. I don’t do a lot. But some attorneys do charge for that time but they know the client secretly hates them for it.

SteveLehto > GG 06/01/2015 at 22:05

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Oh, I could do all kinds of misconceptions about the law. This was about the attorneys.

SteveLehto > bugeyedfatwalrus 06/01/2015 at 22:05

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Yes! Dammit . . . . seven things . . . .

SteveLehto > A Scribe's Life 06/01/2015 at 22:06

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Yeah, I tried to say that but in a little more subtle way . . .

SteveLehto > V-12 06/01/2015 at 22:07

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Or copying at a buck a page?

SteveLehto > nashy 06/01/2015 at 22:09

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Yeah, but Lindsay Lohan never has the cash she owes . . .

Snow Dog > SteveLehto 06/01/2015 at 22:11

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Hey Steve-o, thanks for another great post!

SteveLehto > Snow Dog 06/01/2015 at 22:15

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Thanks. I appreciate the note.

Alison > My X-type is too a real Jaguar 06/01/2015 at 22:16

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In the same vein — if you are applying for Social Security Disability, hire a good lawyer right from the start. They helped me immensely during the application process, walking me through it, making sure I filled all the paperwork out properly, gathering all the necessary evidence from my doctors so I didn’t have to worry about it, etc. And this part is just speculation, but I suspect they’re also the reason my case was approved within months on the first appeal, after the initial rejection that pretty much everyone gets. I have a lot of conditions but most of them are pain-based & subjective, so I was expecting multiple lengthy appeals, which is why I hired someone from the beginning. Their fee was absolutely worth not needing their services for long.

mrbungle25001 > My X-type is too a real Jaguar 06/01/2015 at 22:17

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Get as much UIM/UM and PIP as you can get.

- ex employee of Progressive and ex employee of hospital ins claim dept.

Tohru > TheOnelectronic 06/01/2015 at 22:53

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“Call J.G. Zombworth, 877-BRAINS NOW!”

Steve in Manhattan > SteveLehto 06/01/2015 at 23:05

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I am an attorney, and I agree with all of this. I’d add one more - when you tell your tale, do not leave out anything. If I don’t know something important, and the other side blindsides me with it in court, we’re not going to fare well.

neesey3po > dwarfANDpliers 06/01/2015 at 23:13

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Why aren’t you supposed to advertise a specialty? Our immigration lawyer does and it made him very easy to find out about, so I’m glad for it. Is it against the law in some places?

PdxPhoenix > Hotscot 06/01/2015 at 23:57

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That’s good.

Answer the question as accurately as it was asked; do not volunteer any additional information.

PdxPhoenix > Cestrumnocturn1 06/02/2015 at 00:00

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Correct; if they ever show up AND you didn’t call them, they’re probably not there to help you in any way.

Also related... They believe the first story they hear (baring any obvious inconsistencies, maybe ).

TheHondaBro > SteveLehto 06/02/2015 at 00:17

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Haven’t listened to one before, but I was surprised how much I enjoyed listening to this one. Keep it up!

OneMoreTimeAgainandAgain > SteveLehto 06/02/2015 at 00:23

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Fortunately, I haven’t needed many of those $400 hours.

Thanks for answering, and keep in mind that not everybody hates all the lawyers. Some of my best friends passed the bar.

SteveLehto > TheHondaBro 06/02/2015 at 00:58

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Thanks. I appreciate the note!

thisbemylastburner > SteveLehto 06/02/2015 at 01:06

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I’d add one:

7) Lawyers are a very diverse group. A criminal attorney is not a corporate attorney is not a patent attorney is not a litigator. A rich lawyer from the 80s (those guys in the movies) is not a young lawyer from the last 10 years (those guys doing actual work). A top-tier graduate corporate douchebag from Manhattan or Los Angeles is not a public defender from Portland or Chicago.

nurser > PeteRR 06/02/2015 at 01:06

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I have a question: How does consent work against you and can it ever work for you? I guess I’ve never been in that position but “Never Consent” would make sense of if you have something which may implicate you but if you don’t have anything will it help if you cooperate?

kevin > mrbungle25001 06/02/2015 at 02:10

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can you explain how having UIM/UM increased versus having full coverage + a standalone health insurance is better?

I’m assuming you’d want UIM/UM if the other party doesn’t have insurance or not enough. In which case, if you would be covered for property damage (less deductible) for a covered loss. For BI it’d be your health insurance or medical coverage within your auto policy.

lochaber, guillotine enthusiast > SteveLehto 06/02/2015 at 02:44

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so, not entirely related, but as a broke-ass person who was mistakenly subpoenaed... (I don’t know what the right/official term is...(the lawyers involved gave me a phone call about a month before the due-date, politely apologized, and told me i was mistakenly involved via some private-investigator type thing, and I wouldn’t need to show up(they emailed me some statement as well...))

Does the person subpoenaed have any rights/recourses? I couldn’t find much info, aside from if I didn’t show up at a given location at a given date/time, I could possibly be arrested. The location in question was not at all accessible to me via public transit (which was pretty much my only non-walking option), and would also require me taking a day off of work (which I wouldn’t get paid for, and couldn’t afford to miss if I wanted to make rent on time). everything I managed to find on the internet was basically “if you’re not a lawyer (or can’t afford a lawyer), suckit”

mariahh_1 > A Scribe's Life 06/02/2015 at 03:17

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I’ve been working with a legal aid organization for a year as student law clerk and am going into my 3L year, and I’d like to push back on this just a bit- clients are the authority on their own lives and I think we have both an ethical duty and a moral obligation to listen to our clients’ views on their own case. Ultimately, their case affects them, not us. RPCs require us to consider non-legal considerations as well as legal issues when rendering our advice, and if a client has strong feelings about one legal approach (see: pleading insanity) and the lawyer has another, our duty is to the client, not our own sense of self-importance.

Eddieblake > dwarfANDpliers 06/02/2015 at 04:20

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Yeah, too true. According to my Law Dog friends, the area of expertise most walk-in clients are seeking is the Go Back And Make It So It Never Happened Attorney.

MercurialGirl > SteveLehto 06/02/2015 at 04:42

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I’m not an attorney but I have a friend who is, and she often comments that clients who are concerned about billable hours could work on preparing for appointments by separating information and emotions in advance. Attorney necessitating situations are generally pretty stressful, but a lawyer is a very expensive person to vent to or cry at. Friends are free.

Cheve > Hotscot 06/02/2015 at 04:54

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You mean it’s not ok to answer that question with : “Hammertime!!” and do a little dance?

Mmmm > thebigbossyboss 06/02/2015 at 05:30

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Long but eminently worth the viewing time

thebigbossyboss > Mmmm 06/02/2015 at 06:49

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Have viewed and reviewed often. Thanks!

VABlitz > OneMoreTimeAgainandAgain 06/02/2015 at 07:19

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Hookers and Blow is expensive

IanWalkerKilledKotakuForMe > SteveLehto 06/02/2015 at 07:47

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Please use bullets or bold your numbers. My eyes didn’t want to go from item to item.

OMG!PONIES! > SteveLehto 06/02/2015 at 07:51

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Don’t brag about your shenanigans on the internet. Someone was a douchebag to you and you gave him a vicious right cross? Don’t brag about that in the internet. Don’t post it on Facebook. Don’t tweet it.

If you’re going to do crime, don’t talk about it on the internet.

Moon > OneMoreTimeAgainandAgain 06/02/2015 at 08:04

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Some of my best friends passed the bar.

Some of *my* best friends stopped, and went in. Some of *them* haven’t come out since.

PeteRR > nurser 06/02/2015 at 08:06

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There are enough laws and regulations in this country, that you might be guilty of a “crime” that you didn’t know even existed. Or there truly might be something in your vehicle that someone you know placed in there. Refusing consent gives your lawyer a chance to get the case thrown out.

Moon > SteveLehto 06/02/2015 at 08:13

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1) We don’t write the laws. We merely try to help clients navigate them.

I once read that the law is a machine, a machine that doesn’t, in itself, dispense justice, rather one that has to be worked like part-leaky ship, part-VLT. <- That is, there is skill and a few coin tosses thrown in, before you can get the outcome you want or need.

pierce is a b > A Scribe's Life 06/02/2015 at 08:35

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Heh. Judge Judy, if anyone ever dares to say “I feel I’m owed...”, will invariably retort “your feelings are irrelevant to me”. And she’s right

PetraeusPrime > SteveLehto 06/02/2015 at 08:38

3

How about #1, don’t do the crime if you can’t do the time.

X37.9XXS > PeteRR 06/02/2015 at 08:39

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I am an ex-cop, with 20 years experience

I will give you a hard and fast rule

After you are advised of your rights, say,”I want a lawyer,” and NOTHING else.

The police are not interested in getting the real bad guy. They are just interested in case clearance numbers.

TheBloody, Oppositelock lives on in our shitposts. > SteveLehto 06/02/2015 at 08:42

6

Dated a litigator for two and a half years and some of the stories she would come home with were pretty funny (all were public knowledge because dat attorney client privilege) like when one of her clients charged with possession shows up to court completely baked out of his mind and stinking of weed and kept complaining that “it should be legal man!” Totally agree, but it’s not right now so yeah.

Snooder87 > SteveLehto 06/02/2015 at 08:47

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You make the money on the backend when you write a tell-all book about the experience (which doesn’t actually violate attorney client privilege of course)

My X-type is too a real Jaguar > mrbungle25001 06/02/2015 at 08:53

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Something I learned about PIP, some idiotic medical billing companies refuse to file to car insurance companies. This is why a lawyer is important. Mine told an imaging companies to file with my car insurance or take 25 cents on the dollar for the bill. They took 25 cents on the dollar.

CBL > nurser 06/02/2015 at 08:55

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BLUF: Police can’t search you beyond what is necessary for safety (Quick pat down for weapons, quick check of the interior of the car as visible from the outside ) without your consent, without probable cause (Not to be confused with reasonable suspicion ), and without a warrant.

If they find something illegal (drugs, illegal weapons) during a safety pat-down, you’re getting searched without consent. If they see something illegal through the window of your car in plain view, you’re getting searched without consent.

YOU DO NOT HAVE TO GIVE CONSENT TO SEARCH!

And the officer cannot hold it against you if you do. However, different states treat refusal differently. Some may still hold you until a drug-dog can make a sweep of the outside of your vehicle. Some may allow officers keep you a little longer to see if your story adds up or to see if you start getting belligerent (Here’s a tip kids: as soon as you start getting aggressive you’re getting searched). Others make it completely illegal to hold a person longer than what they were originally stopped for (Speeding, running a red light, acting belligerent). Pennsylvania is a good example of a state that just enacted that.

When you deny consent to search, do it professionally. There are plenty of reasons you don’t want an officer to search your vehicle, even if you have nothing to hide. Unless they have probable cause on good authority, they cannot search you. They may ask again, they may try to coerce you a little (“You know, it will be a lot easier if you just let me look around”), but you have the right to continue to refuse.

Disclaimer: I know there are bad apple officers in every state who don’t exactly follow the rules. I know I described a system that might not be followed by your local LEOs. Don’t complain to me about it, contact your state politicians and watchdog groups. You’re just wasting bandwidth complaining and not doing anything about it.

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0

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Jeeper1 > dwarfANDpliers 06/02/2015 at 09:08

5

This. I'm a securities lawyer. I cannot competently assist with your DUI.

dwarfANDpliers > neesey3po 06/02/2015 at 09:08

1

in Maryland I believe it’s a violation of ethics rules to advertise yourself as a specialist. That’s what I heard ~10 years ago so things may have changed. I wasn’t sure if that applied to patent law where you need a special registration to practice and so only certain people can prosecute patents but that’s my (possibly outdated) understanding.

danonymous > SteveLehto 06/02/2015 at 09:14

20

Six things I wish attorneys knew:

1. You don’t know every type of law. The legal field is very diverse, and people build entire careers in one area of practice. If I approach you to do work in an unfamiliar area - refer the case to someone else. The issue is potentially life changing for me, and I don’t want my case to be your first rodeo in that area. If you’re honest with me and tell me that we can work together for a lower fee or that you’ll have an experienced attorney overseeing the case, I’ll probably be cool with that. Or maybe not. At least give me the choice.

2. You don’t have to try to scare me to get me to hire you. I am sitting in front of you for a reason - I have a problem that I’m pretty sure I can’t fix myself. Yes, things can turn out bad, but using fear to make sure I don’t walk out your door without dropping a retainer in your pocket is a cheap trick. If you’re as good as you claim to be, even if I don’t hire you today, I’ll probably be back.

3. Communicate, dammit! I know that you’re not my secretary, but I just gave you $1500 that you asked for to start working on my case. If I scan and email you documents, FFS have the decency to email me back to say “got it, thanks.” It’s seriously just a few clicks and 15 keys. I know that you may be in court, so it can come later that day or tomorrow. Never sending it is unacceptable. Quick email or text updates on the status of the case would be awesome. If I call you, please call me back within a reasonable time (or at all). I don’t want to have to blow up your damn phone to get 10 minutes of your time. If I abuse it, tell me, we’re all big boys. You can bill me for it.

4. Pay attention to my personal requests a little. If I ask to review a letter before you send it, please honor that. It may be a letter that could cause irreparable damage to a relationship with a family member, and I might want to ask you to modify that tone or the scope of the letter a little. I know that there are legal reasons for needing certain verbiage, but I’m sure that we can work together to achieve the goal. Yes, I’ll pay for a little more time if it’s that important to me.

5. If I need a referral for a certain type of law that you don’t practice, please refer me to someone who is actually very experienced in that area. I don’t want a referral to your buddy who wants to start expanding his practice into a different area. I have friends, too, but if someone asks me who is the best person to do a job, I’m not always going to recommend my friends over someone really good.

6. It’s 2015. Have an online presence of some sort. (If you’re reading this, you likely do.) I’d like to be able to have a look at your bio and some track record. If you have a blog, I’m going to read it to see what kind of person you are. (So please show a little personality.) It’s so hard to find an attorney who is experienced and what that experience might have entailed. If you can offer some details on types of prior cases, approximate dates, and a few details about them (sanitizing them where appropriate), that would be really helpful in weeding out the other attorneys who aren’t as good as you are.

dwarfANDpliers > SteveLehto 06/02/2015 at 09:25

6

I practice law at a very low level (basically only one client) but I have already racked up some amusing stories just with my father who thinks having a lawyer son is a “get out of jail free” card. (1) Once he asked me to handle a contract negotiation with him and someone else I’d never met; when I pointed out that this guy could easily sue me for malpractice he said “I know him, he won’t sue you! And besides you’re a lawyer, sue him back!” (2) his bar received a shakedown letter from his satellite provider saying he had violated the terms of his license and needed to pay them; I told him to pay them what he could and they’d probably let him slide, but he ignored me and paid them all they asked for. Later on I forwarded him an article about how these companies retain firms that only churn out these scary sounding C&D letters knowing that if they get paid 10% of what they want on all of them, they’re still making money. I learned an important lesson—most (maybe all) clients come to you wanting to be told what they want to hear, and if you don’t then it’s on to the next lawyer.

nurser > CBL 06/02/2015 at 09:28

1

Thank you for your thoughtful and informative answer—I have luckily not been in the position to worry about such things but....good to know.

nurser > PeteRR 06/02/2015 at 09:30

1

I see.... I had no idea but will keep it in the back of my mind in case I am ever in such an unfortunate position. Thank you.

Malforus > X37.9XXS 06/02/2015 at 09:37

0

Well even taking the opposing viewpoint, once someone requests their lawyer the “bag of cop tricks” shrinks fairly substantially if they just keep repeating “I want my lawyer”