Your Lawyer A Users Guide Telling It Like It Is What a Non-Lawyer Should Expect from Her Lawyer

Your Lawyer A Users Guide Telling It Like It Is What a Non-Lawyer Should Expect from Her Lawyer

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Every lawyer has been faced with the task of overcoming the general public's distaste for lawyers in general. Let's face it: People fear what they don't understand. And nonlawyers typically do not understand lawyers, manifesting such fear into distrust and, sometimes, animosity. Luckily, Lawrence Fox and Susan Martyn have co-authored Your Lawyer, A User's Guide, which provides a good, plain-language approach to educating the general public on lawyers, covering such topics as how to choose the right one, what to expect, and even what to do if the client is unhappy. This guide for the nonlawyer will (hopefully) go a long way toward erasing some of the "unknowns" that make us lawyers so foreign, and thus scary, to so many nonlawyers.

Your Lawyer is written by lawyers for nonlawyers, making its content and organization simple, easy to understand and uncomplicated. The question-and-answer format reads like dialogue, seemingly between two friends over dinner. The questions are sometimes declaratory ("[m]y sense is lawyers love to charge big bucks, but don't like talking about it much"), providing for an answer that responds carefully but truthfully ("[y]ou are right there. But even before you become a client, you are entitled to a number of protections regarding fees..."). Others are more information-seeking questions ("[w]hat if I decide against hiring my own lawyer?). This conversational approach puts the reader at ease, preventing the book from appearing overly instructional, which might otherwise appear condescending.

Instead, the book begins by breaking down the client-lawyer relationship (notice how the client comes first) into the "4 Cs": Communication, Competence, Confidentiality and Conflict of Interest. These topics are covered in the order a potential client would encounter them, leading the reader through choosing a lawyer, how lawyers are paid, assisting lawyers during the course of representation and what to do if the lawyer does not perform adequately. These four areas are explained thoroughly, but the majority of the book understandably deals with the more complicated subjects of Confidentiality and Conflict of Interest.

Your Lawyer's one downfall may be the exchanges regarding exceptions to the confidentiality and conflict-of-interest rules. One example of this is from the discussion of a lawyer's duty of loyalty. "Q: Are we done with chinks in your loyalty commitment? A: Now, now. We would call these slight scratches. But there is one more." Lawyers are used to having exceptions to every rule (and normally exceptions to the exceptions). While these exchanges may be a bit confusing for the nonlawyer, given the technical nature of these two areas, such exchanges are probably the most effective way to explain the rules in the friendliest manner possible.

Readers seeking information on a specific topic need only review the table of contents or the topical index, either of which can quickly identify the relevant portion of the book. Chapters are divided into short subsections with descriptive titles, making it easy to identify the section that interests a reader. Examples of such titles include "Your Lawyer Must Communicate with You," and "Fraud: Your Lawyer Cannot Lie or Help You Lie." In addition, those sections stand alone, making it unnecessary for a reader to read the entire book front to back in order to gather the information.

The authors engineered Your Lawyer into a "how-to" manual to be used in a very practical manner by the client. One practical use is embodied in the table summaries at the end of several subsections designed for use directly by the reader, including questions to either ask her lawyer or herself to ensure the best results possible. For example, in the table instructing the reader on how to assess a lawyer's competence, the potential client is suggested to ask such questions as, "what kind of experience do you have in handling similar cases?" and "Where does my matter come in your priorities?" Another practical use of Your Lawyer is contained in the definitions section, wherein numerous legal terms are defined to allow quick reference in the event a client has a question about any particular term. Such definitions range from the common "reasonableness," defined as "a fuzzy word that permits lawyers to argue on both sides of a question," to the more obscure, such as "quantum meruit," defined as a method of determining the value of services provided by a lawyer who has withdrawn or been dismissed from a representation." The defined terms used in Your Lawyer are in bold, making it easy to realize which terms can be located in the definitions section as one is reading the book.

Though many would wonder why a lawyer would ever read Your Lawyer, consider the varying relationships lawyers may have with clients. First, some may encounter clients (or family members) who are not savvy recipients of legal services. A copy of this book could help such a client understand what to expect from her lawyer, including the limits of legal representation. Second, Your Lawyer is a well-needed reminder of what clients expect from their lawyers. Any lawyer who doesn't believe he needs to be reminded of what his clients want should probably pick up Your Lawyer fast. Otherwise, his clients may be paying more attention to the grievance and malpractice avenues described at the end of the book than his insurance carrier would like.

Overall, Your Lawyer is a well-rounded guide for clients and lawyers to remind each what the other is thinking. The key to any successful relationship is communication and Your Lawyer facilitates better communication between lawyers and clients, which is a win-win for both constituencies.


Footnotes

1 ABI Journal Contributing Editor William L. Medford of Greenberg Traurig LLP in Dallas contributed to this review.

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Wednesday, November 1, 2006