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Difference between revisions of "You and Your Lawyer"

From Clicklaw Wikibooks
Addition to what your lawyer is. Not your friend but and advisor.
(Addition to what your lawyer is. Not your friend but and advisor.)
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Boiling all this down a bit, your lawyer performs two key roles. First, your lawyer is like a plumber: if you tell your plumber to install your sink, he or she installs your sink. On the other hand, if you tell your plumber to hook the hot water pipe up to the ice-making machine intake, you'd expect your plumber to give you some common sense advice about why that might be a bad idea. Second, your lawyer is like a champion: your lawyer is your sword and shield, protecting you from some of the more unpleasant and adversarial aspects of litigation while boldly pursuing your claim.
Boiling all this down a bit, your lawyer performs two key roles. First, your lawyer is like a plumber: if you tell your plumber to install your sink, he or she installs your sink. On the other hand, if you tell your plumber to hook the hot water pipe up to the ice-making machine intake, you'd expect your plumber to give you some common sense advice about why that might be a bad idea. Second, your lawyer is like a champion: your lawyer is your sword and shield, protecting you from some of the more unpleasant and adversarial aspects of litigation while boldly pursuing your claim.


Both of these analogies are totally cheesy but apt. You should expect your lawyer to take the heat for you and fearlessly <span class="noglossary">advance</span> your claim. While you should expect your lawyer to do just what you tell him or her to do, you should also expect your lawyer to give you good advice if your instructions are not in your best interests, and perhaps even refuse to accept your instructions. You should especially expect your lawyer to tell you if what you want to do <span class="noglossary">will</span> be harmful to your case.
You should expect your lawyer to take the heat for you and fearlessly <span class="noglossary">advance</span> your claim. While you should expect your lawyer to do just what you tell him or her to do, you should also expect your lawyer to give you good advice if your instructions are not in your best interests, and perhaps even refuse to accept your instructions. You should especially expect your lawyer to tell you if what you want to do <span class="noglossary">will</span> be harmful to your case.  Your lawyer is not your "friend".  They are a professional who should tell you what you need to hear about your case, and offer objective and reasoned, not emotionally motivated guidance.  This can be a bit disconcerting to a person experiencing a high level of emotional distress.


Some lawyers are also mediators, arbitrators, and parenting coordinators. Lawyers who <span class="noglossary">act</span> in these roles are not serving as advocates in a traditional lawyer-client relationship; their jobs are much different.
Some lawyers are also mediators, arbitrators, and parenting coordinators. Lawyers who <span class="noglossary">act</span> in these roles are not serving as advocates in a traditional lawyer-client relationship; their jobs are much different.
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