Law Articles

Return to Law Dictionary Index

Get The Best Out Of Your Attorney

by Lauren Jenkins

Almost all of us use the services of an attorney sometimes during our lives. It's usual procedure to need them if we have to go to court, perhaps for divorces and if, by bad luck, we find ourselves the target of a lawsuit. We'll only actually end up in court if all else fails and the stakes are too high if we lose.

But not all attorneys give good service for the amount they charge. Probably one of the most tense times in our lives, when we need the support of an attorney is if we get divorced. It's quite possible to spend tens of thousands of dollars particularly if the financial settlement takes time to organize and if there are children involved. Remember that although the attorney is working for you, for most of them the important relationships in their lives are with the other attorneys. Very few attorneys will be prepared to fight a cause that may antagonize a judge or fight passionately for you if they believe that in so doing they will upset the judge. You are therefore left with two choices.

Either you need to find an attorney who will be prepared to look after you or you do it yourself! Finding an honest, hard working attorney who will be devoted to your case is not easy. It takes time and, very often that's a commodity we don't have at the time. We're often forced into a corner and take the first attorney that we're offered. We don't ask the most basic questions like, 'what are your fees?' or 'what are your success rates?' but we're just grateful that someone is willing to take our case. At the end of the day, we're very vulnerable. If it doesn't go well in court and we're told that it was the best possible deal we could expect from that particular judge we have no come-back. We have to pay up to the court and pay up to the attorney.

Do we have a choice? Well yes. You could decide to defend yourself. It's radical but it can be done and if you do it right you could well make far more of an impact on the judge than a very expensive attorney. You'll need to be aware of protocol and the court basics, which go something, like this: the plaintiff files the complaint and the defendant answers the complaint. The case is heard in front of a judge and, if necessary, a jury. Although it's the judge who's in charge of the whole case it's the jury who decides the verdict and when they've given their verdict, the judge passes sentence.

In most cases the two parties are encouraged to settle their differences out of court. A court costs vast sums of money to run and so every case that is settled beforehand is smiled upon by the authorities. Unfortunately, however, it's not always possible to do this and most cases still end up in court.

If you do decide to defend yourself you will also need to know how to conduct yourself and how to address the judge. In a nutshell this boils down to:

1. Always treating the judge as if he's a higher being. Be very respectful and never flippant or rude.

2. Because there are just too many cases for the amount of courts and judges you'll find that judges will always be stressed and short of time. You therefore will need to be short and to the point with your arguments. Make sure that you're fully aware of all the facts and that you can present them in a coherent and logical manner.

3. Always address the judge as 'your honor'. Without appearing rude or confrontational make sure that you look him in the eyes. If there is a particular point that you don't seem to be getting across you can say 'with all due respect'. Throughout the case you must show patience and understanding so that he recognises that you're a sincere and rational person.

4.Dress carefully. Think what sort of person you will be wanting to impress and make sure that you don't wear anything that could make you look flippant or appears disrespectful.

Just by speaking clearly and concisely whenever the judge speaks to you, you should do as well as most attorneys and it won't cost you. In fact, you stand more than a good chance of succeeding.

About the Author:

Lauren Jenkins - http://www.attorneyviews.com

Return to General Practice

Return to Law Dictionary Index