Rains Lucia Stern St. Phalle & Silver

California's premier full-service law firm with an emphasis on the representation of peace officers in disciplinary, criminal, labor, workers' compensation, personal injury and other civil matters.

  • About Us
  • Practice Areas
    • Labor Representation
    • Civil Litigation
    • Personal Injury
      • Example of Case Results
    • Workers’ Compensation
    • Maritime Law
    • Estate Planning
    • DOE Security Clearance Hearings
    • Peace Officers
    • Firefighters
    • EMS Agency Investigations
    • Criminal Defense
    • CalPERS Appeals
  • Our Team
  • Classes
  • Media
    • Bulletins
    • RLS in the News
  • Resources
    • Links
    • Resources
    • Newsletters
  • Clients
  • Career Opportunities
  • Contact Us
  • Disclaimer

Establishing The Attorney-Client Relationship in Our Interconnected World

September 14, 2020 by Hien Nguyen

From: Plaintiff Magazine
By: Eustace de Saint Phalle and Olivia K. Leary

More than ever, personal injury clients are better educated with regard to evaluating the skills and experience of their potential attorney, even if they are new to the civil litigation system. The existence of more resources discussing the legal system and a proliferation of legal issues highlighted in popular culture has resulted in many clients who are able to research and assess potential attorneys in an educated manner. Due to this, an attorney should be prepared to answer pointed questions and undergo an in-depth interview when meeting with a potential new client.

It is important to remember as an attorney that when you are contacted by a potential client, your focus should be to establish a productive and positive attorney-client relationship. In order to achieve these goals, we need to get back to the basics. This relationship needs to be based on honesty, trust and loyalty. You are not engaging in a financial transaction; you are providing a service for an individual who has suffered a significant loss and likely feels very vulnerable.

If an attorney is not prepared to answer a potential client’s questions or appears evasive, they will fail to establish the foundation for a successful legal relationship moving forward. Therefore, it is critical for a lawyer to be adequately prepared to answer the various tough questions that arise out of common client concerns.

These days most clients are asking many pointed questions, such as the following: (1) Do you handle my type of case? (2) Do you generally settle cases or do you take them to trial? (3) How successful are you in trial? (4) What experts do you believe are necessary for my case? (5) What kind of financial backing do you have to fund my case?

Do you handle my type of cases?

When a client asks you this question, they want assurance that you are experienced in the type of legal issues presented by their situation and will provide them with capable representation. They want to know that you are not learning on the job. In answering whether you have handled this type of case, whether it involves general automobile negligence, construction negligence, workers’ compensation third-party crossover, criminal actions leading to injury, first-party claims, claims against a government entity, or product liability, an attorney should approach this analysis honestly and openly. Again, an attorney should be prepared to answer this question based on their actual experience; either you have or you have not been involved in similar matters.

However, while you may not have previously represented a client in a matter identical to the current situation, aspects of previous cases may relate to the one at issue. These prior cases that relate to the client’s situation should be discussed generally, so that the potential client can be given insight into the attorney’s experience. An attorney does not need to have previously represented clients in an identical matter to provide skillful representation. Although it may not be obvious initially to the client, the attorney should educate the client on how these previous cases may actually be similar to their own and how this previous experience will dovetail with their personal injury matter. Thus, the attorney should explain to inquiring potential clients how these prior cases will provide the requisite experience to ensure qualified representation.

If you do not have experience or are just starting out, it is important for your own development as an attorney and for the wellbeing of the client’s matter that you find a mentor or colleague who can collaborate and provide the necessary experience to ensure that the matter is handled properly. Many clients appreciate the idea that they will have more than one attorney working on a matter. The idea of a legal team is often appealing to those who are seeking representation for their personal-injury matter. Two heads are often seen as better than one.

Do you generally settle cases or do you take cases to trial?

Many potential clients are aware that some personal-injury attorneys rarely enter a courtroom and may lack trial experience that could crucially affect their case. Understandably, personal-injury plaintiffs want to be assured that their attorney has experience at trial and is prepared to manage their case from initial pre-litigation, negotiation of a settlement, and all the way to a jury verdict. In order to address these concerns, an attorney can provide the client insight into their trial history, including whether they are accustomed to trying cases.

An attorney should also be prepared to discuss this with an eye to the specific case at hand. This likely includes walking the potential client through the anticipated notable issues that often arise during the pre-litigation, litigation, and trial phases of a personal-injury case. You should be ready to explain generally what a personal-injury client should be prepared for, as well as any foreseeable issues in the client’s specific case.

Explain referral up front

While most good cases settle without the need for a long, drawn-out trial, you must be prepared to handle the matter through to conclusion, even if this involves referring the case out for trial. Be prepared to explain how this referral to another attorney for trial will be handled should it be necessary. Again, if you do not have trial experience, it is important to find a more senior attorney with trial experience to handle the matter, should it get that far.

How successful are you in trial?

Many clients today want to know that their attorney is not just competent to litigate the case, but that you are successful and can win at trial. It will be important to be able to address this issue when you discuss the potential case with the client. Ultimately, in this profession we are measured by our successes. This is often the point in the conversation where it is good to explain how the defense attorney and the insurance company will be assessing the person’s claims and evaluating their damages. Ultimately, the client needs to understand that you and the client are both assessed by the other side, when the defense is making judgment calls as to whether they should resolve a case and for how much.

This is another area wherein a team approach, as opposed to a sole attorney, may assist in addressing the client’s concerns if the attorney is new to the personal injury field. Having the skillset of a more senior attorney with litigation experience and a history of success at trial will be valuable both for the junior attorney and the client.

What experts do you believe are necessary for my cases?

Especially in cases that contain complex issues of causation, liability and/or damages, potential clients are generally aware that expert witnesses may be required, and that expert analysis is usually necessary for you to be successful with their matter. Many potential clients want to know that the attorney has knowledge of who the reputable experts are in the necessary fields for their matter. You should go over the general types of experts you foresee being necessary, discuss how you will select experts based on the specific facts of the case, and demonstrate that you know how to strategically utilize these experts in a cost-effective way

What kind of financial backing do you have to fund my case?

Personal-injury cases usually are governed by a contingent-fee agreement. This means that an attorney must “foot the bill,” so to speak, for the pendency of the case until a resolution is achieved. Therefore, potential clients want insight into an attorney’s ability to provide the requisite financial backing. A deep analysis of the law firm’s finances is unnecessary. Instead, an attorney should generally confirm that the law firm is prepared to provide the needed financial support for the client’s case. If there are limits to what the attorney can financially support, for example if the case fails to settle and must go to trial, then these limits need to be explained to the potential client.

Conclusion

As the legal industry has shifted and competition has increased, attorneys must be prepared to earn the trust of each potential personal-injury client. Clients are increasingly educated with regard to what qualities and level of experience they want in their attorney and will often interview multiple attorneys.

All lawyers should recognize that they are not just providing a commodity or transaction, but are instead providing a service. In providing this service, an attorney should promote three central principles in each attorney-client relationship: honesty, trust, and loyalty. In doing so, the attorney should approach each relationship as if they have a fiduciary obligation to their client. You must demonstrate that you will keep their confidences and act in their best interest. At the conclusion of the client’s matter, clients will often feel that the intensity and depth of your attorney-client relationship is akin to that found in a marriage or a partnership. The tone of the legal relationship and the client’s experience throughout the representation relationship begins at this initial client meeting.

It is equally important to note that achieving this relationship with clients also greatly benefits the attorney. The establishment of trust, honesty and loyalty with your clients will allow for a foundation of open communication, teamwork, and greater likelihood of success. If an attorney is able to view each client not as a transaction but instead as a valued relationship, a myriad of benefits will follow.

Disclaimer: Case law and analysis can change over time. The information in this article is accurate as of the date the article was written and should not constitute legal advice. Always consult with an attorney.

Filed Under: Bulletins Tagged With: eustace-de-saint-phalle, olivia-k-leary

Consultation Form

Offices across California to serve you.
Contact us now to schedule a consultation.
Contact form not loading? Click here!
Rains Lucia Stern St. Phalle & Silver, PC publishes this website as a service to our clients and other friends for informational purposes only. It is not intended to be used as a substitute for specific legal advice or opinions, and the transmission of information through this website is not intended to create an attorney-client relationship between sender and receiver. Internet subscribers and online readers should not act upon this information without seeking professional counsel.

© 2023 Rains Lucia Stern St. Phalle & Silver, PC. All Rights Reserved. | Disclaimer

We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept”, you consent to the use of ALL the cookies.
Do not sell my personal information.
Cookie settingsACCEPTREJECT
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT
  • Contact Us

  • News Alerts

Official logo for Rains Lucia Stern St. Phalle & Silver
Rains Lucia Stern St. Phalle & Silver Logo
  • About Us
  • Practice Areas
    ▼
    • Labor Representation
    • Civil Litigation
    • Personal Injury
      ▼
      • Example of Case Results
    • Workers’ Compensation
    • Maritime Law
    • Estate Planning
    • DOE Security Clearance Hearings
    • Peace Officers
    • Firefighters
    • EMS Agency Investigations
    • Criminal Defense
    • CalPERS Appeals
  • Our Team
  • Classes
  • Media
    ▼
    • Bulletins
    • RLS in the News
  • Resources
    ▼
    • Links
    • Resources
    • Newsletters
  • Clients
  • Career Opportunities
  • Contact Us
  • Disclaimer
Hotline phone numbers. Northern California: 925-609-1699. Southern California: 310-393-1486.