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In our world of highly evolved legal thinking, it’s easy to fall into the trap of thinking that only attorneys can be abusive. After all, who else would hurt their client by agreeing to represent them? However, this is not the whole world of lawyer abuse. Even with the changing culture and increased sensitivity towards lawyers in our society, we still have a ways to go in terms of understanding legal thinking and better handling of cases. When it comes to choosing the best example of attorney abuse, there are several potential red flags you should look out for. Below we discuss some of the worst examples of attorney abuse and how you can avoid them in your own practice.
The worst example of attorney abuse: The client is forced to pay a lawyer’s fees for the entire case.
When a client files for bankruptcy, they are required to pay their lawyer’s fees and debt-insurance. However, sometimes the bankruptcy court will also order the client to pay the fees of a different lawyer who represented the client in the bankruptcy. In these cases, the client may owe the lawyer fees for the entire case.
When a lawyer refuses to give you an extension on your initial conference fee payment.
This is the most obvious example of when a lawyer should be avoided. If a client tells you that they can’t physically grant an extension, figure out from there whether there’s a problem with the way the client is representing themselves or if there’s simply a lack of communication among the lawyers on the team.
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The worst example of breach of fiduciary duty: A client is sued for agreeing to represent them in a particular case.
A client may be required to pay you fees for representing them in a particular case. However, if the client also fails to keep you fully informed as to their plans and their intentions, you could be held financially responsible for their actions. For example, a client may fail to inform you when they are buying a house or are going to move into a new apartment.
The worst example of professional misconduct: A client shared details of their personal life or medical care with another lawyer.
When a client is charged with a crime, they are required to give that lawyer all details related to that case. This could be a medical report, the patients medical records, financial information, or even the conversations of the lawyers on the team.
What to know before you choose your best example of attorney abuse?
Any time a client asks you to sign a contract, make sure you understand what the agreement means. If you don’t know, you can always reference the terms in your contract language. Some of the most common questions that people have about lawyers are why they should go to law school? Why do they want to become a lawyer? What is their purpose in life? These types of questions can all be answered better than ever before. The answers to these questions will vary depending on your specific case, but they will all have one thing in common: You.
Summary
At the end of the day, any time you have to sign something, sentence, or bill of materials (BJM) with your lawyer, you should understand the terms and conditions of the agreement you’re signing. It’s never a good idea to assume a contract is automatically favorable to you. After reading through the examples in this article, you’ll hopefully be able to ask yourself: What does my best example of attorney abuse look like? When faced with this question, it’s important to remember that the issue here isn’t with the lawyer — it’s with you. At the end of the day, you don’t have to take every case with a doctor and his family on the cover. You don’t have to take every case with your friends on the side. You don’t have to take every case without a lawyer on the team. The key here is choosing the best example of attorney abuse and using this knowledge to your advantage.
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