Wednesday, January 12, 2011

Paid interviews? ...

Let's consider this ...When was the last time you were paid to interview for a job? This has actually never happen to me, I'm not saying that I wouldn't like it to happen ... it just never has. I am going to go out on a limb here and guess that this has a really low likelihood of happening ... However, in the realm of hiring a family lawyer, this is actually a pretty common occurence...

When you are setting up an interview to meet potential counsel to determine if they are the right fit for you and your matter, some (many) want you to pay for the conversation... But why do I have to pay someone who has not done anything to earn the money? Why do I have to pay to interview?

Now I know that many in the legal community will argue with this about how valuable their time is, how grand their knowledge is, and their expertise is valuable, blah, blah, blah ... oh and my favorite... they need to be paid to determine if they want to take your case.... ummm you need to determine if me, my problems and money are worthy of you? I think not, plus in this timeframe of interviewing, you are actually not doing any work for me.

You already know why I am coming to see a "family lawyer", I know you have the expertise and knowledge but I don't know YOU so now we need to see if we can work together. Yes Ms/Mr potential counsel .... I am a new kind of client, the educated, the informed, the I want to keep my money and get value for what I spend kind of client.

If my counsel and I cannot work together then I shouldn't be hiring them because if I do it will end badly. Feeling will be hurt and now instead of just dealing with the dissolving of one relationship I will have to deal with two ... I don't want to have the conversation of "its me not you, when really I mean its you not me". So please do not be offended with me interviewing you for the position of my legal counsel. Fit is so important and this should be blindingly obvious for people practicing family law ... obviously "the fit" in my last relationship didn't work (hence the reason for you), so interviewing becomes a much needed and essential part of the process.

I would like to thank all candidates for their interest in this position and would ask that candidates please have 3 references ready ...

C.

Monday, January 10, 2011

Ransom Money ...

I would like to no longer refer to retainer fees as retainer fees ... we will now be calling retainers what they really are ... Ransom.

You have hired a lawyer, and now before they will even think about doing work for you, you must give them a sum of money of their choosing to be disbursed to them at their will, and without dispute from you. Isn't this what criminals do when they have something you want, they demand unreasonable sums of money in exchange for it with little or no regard as to its effect on you and your well being? In fact, isn't it usually an amount that is very detrimental to you and your well being. Isn't that illegal?

If this (extortion, ransom, well ok retainer - pick your own word here)is illegal when criminals do it then why is it ok for lawyers to do it? Why is it ok to suppress your financial security, nest egg, and fiscal ability when you need it the most to re-establish your life?

How come it is legal for lawyers to do what is illegal for everyone else to do? Anyone?

C.