The BETTER AGREEMENT GUIDE™
BETTER BUSINESS is in The BAG™
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LAWYERS
The truth Holmes was pointing to was a lawyer's ability to cloud something simple in the smoke of arcane theory that sounds erudite but no one quite understands. As a "recovering" lawyer, I think I understand most of the nuances of hiring a lawyer. One key to effectively engaging a lawyer is to make sure they can listen and understand the kind of outcome you want. (This is not really unique to hiring a lawyer; the same thing applies to a hair cutter or a gardener.) You want them to listen and follow your instructions. It's your transaction, not the lawyer's. You must choose someone who truly understands that and is willing to be guided by your values, not theirs. Another key to effective representation is to avoid hourly billing. I believe there is an inherent conflict of interest in hourly billing. It doesn't matter how ethical or righteous the professional is; the conflict is there. This statement is even finding its way into the legal trade magazines as lawyers begin to return to billing based on value of the service provided. Here's a good template to follow when you find the right person. Legal Services Agreement 1. Intent and vision: We will partner as a team to resolve this difficult situation. Our collaboration will effectively take care of your concerns. Your problem will be solved based on your values. Together we hold the vision of you as a happy, satisfied client and me as a fulfilled lawyer. 2. Roles: You will be the client and co collaborator, taking an active role in the process. I will be the wilderness guide, taking you across foreign territory. 3. Promises: I promise to listen, understand what you want, be responsive to your needs and communications, confer with you at each choice point, and remember it is mostly your problem, not mostly my case. You promise to be available to strategize and answer questions, tell me the truth, show up for appointments, and pay your fees on time. 4. Time and value: We will work together until the matter is resolved. You will pay the sum of $2,500. This will include up to twenty hours of service. If more time needs to be devoted, we will come to a new fee arrangement. We agree that if the matter is resolved for $25,000 or less you will be satisfied with the cost/benefit of the matter and that the value you received was worth it. 5. Measurements of satisfaction: Feeling of true partnership, client participation, timeliness of completion, effectiveness of communication, relationship with adversaries, sense of true resolution and completion. 6. Concerns and fears: I am concerned you will not collaborate and not make timely financial payments as requested. You are afraid 1 will not listen and that your problem will become my case. 7. Renegotiation: It will be ongoing as the situation continues to change and develop. 8. Consequences: You will not get the result you want, and I will not get the satisfied client and the testimonial. 9. Conflict resolution: Use the method we learned from Stewart Levine. 10. Agreement? We both believe we can collaborate effectively and be joint problem solvers. The lawyer client relationship is no less intimate than a relationship with a therapist. You are trusting another person to be your guide across consequential territory. The more at stake, the more need for real intimacy and trust. Choose someone who knows how to support other people by being a real partner and teammate. Creativity is not talked about much, but it is essential for getting results in environments that are open to a range of outcomes. Remember to make sure the lawyer is more concerned with serving the situation than serving self. Look for a confident commonsense innovator who has the empathy to generate openness in others. Look for honesty, integrity, intelligence, good judgment, and for someone who has been down the road before. Life experience about the situation for which you need them is invaluable. Summary: Choose a lawyer who can listen and understands the outcome you want and who is guided by your values, not theirs. Be careful of the conflict in hourly billing. The relationship is as intimate as with a therapist. The more at stake, the more the need for intimacy and trust. Choose a commonsense, creative, supportive teammate who has specific experience and is more concerned with serving the situation than self. Exercise: How does your present lawyer stand up against the criteria that were just mentioned? Would you use him or her anyway? Why? |
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