Tuesday, October 5, 2010

How to prepare before visiting a lawyer.

A client who is considering visiting a lawyer, first needs to identify and understand the problem.

This knowledge of the problem the client can identify their interests by asking "how do I ultimately want this problem to be resolved?" 

The clients should evaluate and prioritize all four types of interests. Ssubstantive interests which can include items like monetary awards, return of a specific item, or an injunction to prohibit a certain conduct. The client should obtain copies of bills and invoices to help calculate substantive costs. The client should also decide if they want additional compensation like punitive damages or compensatory damages. Procedural interests which would address how the client would prefer to address the problem. Sometimes a client may realize that they would rather not pursue a cause of action at all because they have a stronger interest in avoiding the procedure. Relationship questions address the understanding that conflict has the potential to damage relationships. When dealing with family members and friends especially, sometimes the relationship is more important than the substantive interests. Finally, interests in principal address fairness and what is the right thing to do. Clients may realize that even when the substantive interest is outweighed by the procedural costs, the interest in doing the right thing is so strong that it is worth pursuing.

After prioritizing their interests, the client is then ready to start gathering information supporting the events that happened. The more information that can be provided to the attorney, the more accurately he can assess what options would be most effective.

The attorney balance the priorities of the clients interests with the strength of the case and the interests of the opposing party to determine what the best course of action would be.  

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