The Ten Commandments of a Legal Newsletter

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The Ten Commandments of a Legal Newsletter

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Advice Columns for Law Firms

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Advice Columns for Law Firms

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Advertising to and Soliciting for Potential New Clients

Law firms must follow strict guidelines when placing advertisements of any form. A lawyer’s advertisement may mention any former positions held by them, areas of law the practice may be limited to and any nonlegal postgraduate degrees. A communication must not be false or misleading to any potential client and may not omit information that causes it to be misleading.

If a lawyer is approached by a person who is represented by counsel, they may provide a second opinion but are not allowed to attempt to solicit the client. It is important the any advertisement clearly states that if the person making the statement is not a lawyer and simply a spokesperson.

Before distributing any solicitation or advertising materials to the public it is advisable that the attorney contacts the Bar Association for their state to determine the legality of their materials.


*Florida Bar Opinion 88-9 (Adopted April 15, 1988)

Handling High Profilers

When handling a high profile case it is important to follow a set of guidelines to ensure the rights of your client as well as the reputation of your firm. One main rule to remember when dealing with such a case is to preserve any information you know. Do not slip to the media any details about the case. Providing any information to the media about the case is ethically wrong. The media has a right to know but they can find out things their own way.

In providing them with information you are putting you the attorney, your firm, and the safety of your client in jeopardy. In many high profile cases where murder or rape is involved, the public learns about the details and becomes angry, resulting in protests and threats against the client. When things of this nature happen, it is smart to get your client out of the car into the courthouse as quick as possible. You do not want any attempts at harming your client to take place so maintaining their safety and getting them into the courthouse is vital.

Its hard to accept such cases but sticking to the rules and maintaining a good ethical standard will ensure the safety of your client. Letting the media get a hold of information pertaining to the case could really hurt your chances of winning the case as well as the future success of your firm. So when it comes to handling high profile cases, just remember to keep your mouth shut!

http://texasbar.com/Template.cfm?Section=Pro_Bono_and_Community_Service&Template=/ContentManagement/ContentDisplay.cfm&ContentID=9157

Formal Correspondences

Attorneys and lawyers will write hundeds and even thousands of letters every year.  Writing proper correspondences are crucial for any given case.  It's very important to make sure the drafts of the correspondences and letters are almost perfect.  If they aren't, they will look unprofessional and unorganized and could affect the case.  Some ways to help attorneys and lawyers write great correspondences are:

• Avoid common errors.  You should write clearly so the reader of the letter can understand it, not feel patronized, and know what needs to be done.
• Be professional.  The correspondence is supposed to be formal.
• Be temperate.  There will be times where you want to strike back in the letter, but you are only hurting yourself by stooping down to that level.
• Be understood.  Use plain language because everyone can understand and keep it simple.
• Follow up with a letter.  Everybody will forget sometimes so you may want to remind them.
• Get things done.  Make sure your purpose of the correspondence will be or is being fulfilled.

By using these tips, writing correspondences can be quick, easier, and professional.  By watching your language and following the Golden Rule, and your letter will look its best.  Having a good correspondence is a reflection between attorneys and lawyers.  You will make a lasting impression; and first impressions are very important.

http://books.google.com/books?id=UCTQB8wtt1UC&pg=PA81&lpg=PA81&dq=formal+correspondence+attorneys&source=bl&ots=56F6csQ6W_&sig=N8eOXzu35sSTFrV_iT7dNJ8eUhk&hl=en&ei=OXbfSbWjM-Grtger9qS_DA&sa=X&oi=book_result&ct=result&resnum=6#PPA93,M1

Writing a Good Brief...Briefly

Writing is a lawyer's most potent weapon. Legal briefs and memorandums will constitute a major portion of the writing that you will do. It is also the place where you can really show your stuff. Here are some suggestions on how to write a brief that will let you put your best foot forward:
Opening and Organization
-Avoid the unimaginative and uninformative opening line. The first paragraph of a brief should be as attention-getting as any other lead in a piece of writing. You want to draw the reader in by being interesting and creative. Use it to promote your argument and show that you have some style.
-Organize your presentation in terms of persuasiveness, not logic. Put your best argument first, even if it is not logical to do so. Assume that judges, law clerks and partners only read the first four pages of your brief or research memorandum.
-Spend time on the statement of facts. This section is where you often win or lose. Use chronology for the narrative and try to tell a compelling story.
-Use point headings as steps in the argument of your brief. The point heading should be a concise argumentative statement applying a specific principle to the facts of the particular case. It should not be a statement of an abstract principle of law. It should be interesting and informative and be a clear and complete statement forcefully written.
Argument
-State your side's argument affirmatively. Frame the question in a way that admits only one answer – your answer. Don't let your adversary define the legal issues.
-Deal with your adversary's anticipated counter-arguments. Of course, you may want to save something for reply or to lead your adversary into a trap.
-Think hard about your argument. Use your facts as best you can. Beyond simple analysis of case precedent, broaden your argument in terms of fairness, history, and policy considerations.
Conclusion
-Avoid a bare-bones conclusion. Most conclusions in briefs essentially say no more than "we win, they lose." Such perfunctory conclusions are missed opportunities. Use the conclusion as something more than just a tag line.
-Use the conclusion as a chance to continue your argument. Be creative. Restate your arguments and then add a few lines about the broader public policy implications of the issue or how your adversary's position is another symptom of the decline of Western Civilization.
Here is one last bit of advice. The heart of writing a good legal brief is clarity. Be sure that what you write accurately reflects what you think and what you mean to say. Unless you make yourself understood, you cannot persuade a court, jury, adversary, client or senior associate or partner to do what you want.

Source: “How to Write Right” by Daniel J. Kornstein found at http://www.law.com/special/professionals/pay/fy_2000_09_05f.shtml

Communicating With Judges and Judicial Assistants

Lawyers must follow specific, primarily unwritten, guidelines when communication with a Judge. It is important that when composing a letter to a judge that the letter is properly addressed, recognizing the judge’s standing in the community. If the judge if offended because a letter lacks their proper title or if the judge’s name is misspelled they will be less likely to quickly grant the attorneys request.

A second important piece of information to remember is that a lawyer is prohibited from having ex parte communications with the judge with very few exceptions. All counsel in a case has the right to see all correspondence that is sent to the judge on their particular case.

The judicial assistant can be a great resource to a lawyer. The judicial assistant typically has control of the judge’s calendar and will be the contact person when scheduling hearings. Judicial assistants have difficult jobs and are typically responsible for a thousand plus cases that their judge is assigned to. It is always important to clearly identify the case referenced in all correspondence and telephone calls and include both the case number and style.

When sending correspondence and documents to judges in advance of the hearing, often it is being done a rush basis. According to a judicial assistant the fastest way to have something in the judge’s hand is to send it via overnight mail. By sending the material through an overnight service the package avoids having to go through an extra level of security that hand delivered documents have to.

Attorney to Attorney Communication

Being a lawyer, more often than not your dealing with other attorneys who are representing the opposing party in a matter you are involved in. With that being said, it is necessary to communicate with that lawyer formally, professionally, but also effectively. When discussing issues of a case with another attorney via formal correspondence, it is important that the point you are trying to make is clear and concise. Organize the facts you want to include in the letter clearly before writing your letter.

Once the facts are determined, formally address the letter to the other attorney and include a formal greeting, demonstrating your professionalism. Then proceed with the letter illustrating the points and facts you organized beforehand, thoroughly in the letter. Upon completeion of stating th facts, be sure to include a formal closing to the letter, such as asking the other attorney to respond to the letter, and it letting the other attorney know they can contact you personally as well. Emails are an informal way for attorneys to discuss the matter as well. They still include the facts but they are not as formal and articulate as a letter would be.

You want to come off stern in your letter, but also welcoming and cooperative with the other attorney. This will ensure the case will run smoother as long as you maintain a professional, yet friendly relationship with the other attorney.

http://esl.about.com/cs/onthejobenglish/a/a_basbletter.htm
http://www.letterwritingguide.com/businessletterformat.htm

Preparing to Conduct a Good Deposition

Depositions are crucial to the discovery phase and the outcome of litigation cases. If you are a new attorney and need advice on how to proceed or an old pro that needs a refresher, hopefully this blog will be of assistance.
Taking a deposition is easy, but taking a good deposition requires methodical preparation. First, figure out what your purposes are in taking the deposition. Next, find out who you are going to depose and what information you need from that witness. With that information, you can, begin to prepare questions that need to be answered during the deposition. The best way to do this is with an outline. Outlines allow you to be more flexible during the questioning in case new topics come up during the questioning. You will need to be able to listen to the witness and respond with a new question based on his/her answer. Here are some suggestions on developing a good outline:
-Start with a heading for "Background". Here is where you will ask the witness some questions about his personal and educational background. If the witness is an expert witness, and especially if his or her qualifications are an issue, you will want to go into detail about the educational background.
-Write out elements of the various claims. These are the ones that are at issue in the lawsuit and see if the witness's testimony bears on any of those elements.
-Proceed chronologically. Start at a point early in time and move to more recent events. Proceeding in this way makes it easier for the witness to remember things.
-Think in paragraphs .Identify a topic, ask a general question, then ask who, what, where, when, why and how, then use a closing question -- "Anything else you can think of?"
-Follow the "funnel" sequence suggested in interviewing. Ask broad questions first, followed by directed questions, followed by narrow questions to nail down specific facts.
Remember that deposition testimony can have a powerful effect on a case’s outcome. By preparing a good outline and some key questions, you can successfully navigate the deposition and be on the way to a successful outcome in your lawsuit.

Sources: “Taking a Deposition” by James Alexander Tanford, found at http://www.law.indiana.edu/instruction/tanford/web/archive/Depositions.html
“Deposition Tips for Young Lawyers” found at http://radio.weblogs.com/0104634/Litigation/Deposition%20Tips.htm

Witnesses & Attorneys: Same Page

One of the most important things between a witness and an attorney is to make sure they are both on the same page with the testimony. By carefully reviewing and preparing, the witness can help provide clear and convincing answers that have the information needed for the case. By practicing with their witness, lawyers and attorneys can understand the case more fully and potentially strengthen their positions.

By making sure the witness is well prepared, it helps the attorney out even more because they can obtain favorable information. With both partiesbeing more comfortable, it will help the witness relax when they are going through their testimonies, direct and closed examinations. Working together will bring out the best in both the attorney and the witness, which can even result in a better trial.

Preparing A Witness For Their Deposition

One of the most important factors in helping a lawyer to negotiate a settlement or prepare for trial is how their client completed their deposition. A client that gives a great deposition and clearly explains the facts of the case can sometimes force the other side into negotiating a settlement to avoid a trial. There are several key pieces of information every attorney should discuss with their client before a deposition.

1. The client must be prepared for their deposition. It is the attorney’s job to make sure they are prepared by meeting and discussing the case prior to the deposition. It is recommended that this meeting takes place several days before the scheduled deposition so that it is not rushed. A client that is well prepared by a well prepared attorney will know the answer to almost all of the questions opposing counsel may ask.
2. The client must be relaxed and try to avoid becoming upset or flustered during the deposition. When a client becomes upset during a deposition they may answer incorrectly or provide extraneous information that is not relevant to the case.
3. Attorneys should tell their clients that less is more during a deposition. The client should not expand on their answers when a simple yes or no will do. The client can cause themselves more harm than good sometimes when providing unnecessary details.

http://www.newyorkinjurycasesblog.com/2009/02/articles/faqs-depositions/what-is-a-deposition-and-how-do-i-prepare-for-mine/

Prepping a Witness

Lawyers throughout their professional career will run into some major cases requiring a trial, evidence, the whole nine yards. In many of those trials a witness may be required to provide facts of that event in question. A witness is someone who testifies under oath providing firsthand evidence. Adding a witness to your case can more than likely boost the effectiveness of your side of the story, so in many situations lawyers try to bring in as many witnesses as they can (Nolo, 2009).

Determining the Facts
After determining who the witnesses for the case are, you then have to prepare them for the trial. With this, it is important they know why were chosen for the case and that they understand and remember the facts of the event they witnessed. It is important to be polite and clear with your potential witness when briefing them of the facts they remember about the event. Once it is determined that the information they possess is helpful to the case, you as the lawyer can then go on and prepare the questions you plan to ask the witness in court.

Planning the Questions
Careful planning of the questions is vital to the success of the witness. Questions should be well thought out and simple enough for the witness, as well as others in the courtroom to understand. Be sure that the questions you plan to ask are relevant to the case and that they are effective in getting the witnesses testimony across.

Practicing the Questions
Once the questions are determined, then ensuring your witness is prepared for the questions you plan to ask is the next step in this process. Make sure you practice the questions with your witness before the trial so they know what to expect and know how to answer the question you plan to ask. This will help you determine if the manner you are asking the questions, along with the wording is clear and easy enough for the witness to understand. Going over the questions beforehand will also better prepare the witness for trial and perhaps make them less nervous when the questions are asked. However, you cannot prepare them for cross-examination by the other party. That is something they have to do on their own, and hope for the best. Make sure the answers your client plans to give in court are clear, direct, and concise. Answers and the manner they are given will definitely impact the judge or jury deciding the matter.

Witness can make or break a case, and making sure they clearly understand you and everyone can clearly understand their answers is quite important in a case. Make sure the witness is well prepared and confident in answering the questions in court beforehand so they can provide vital information to you and your case. After all, you brought them into court to win you the case, not lose it for you!

http://www.nolo.com/

Getting the Jury You Want Using Good Juror Questionnaires

One of the main factors that can determine your success or failure on a case is who sits on the jury deciding that case. The traditional method, where the attorney asked a potential juror a set of questions and then decided on “gut instinct” whether to keep or strike a juror, is slowly changing. Many attorneys, working with trial consultants, have discovered that written questionnaires can augment their tried and true techniques. This explains why the use of written juror questionnaires in civil cases is now routine in many parts of the country.
There are several good reasons why a well-written juror questionnaire can help you find the jurors you want:
· It gives the juror more time to think about the questions and to answer them accurately
· It elicits more candid responses from jurors
· It can ask personal questions that cannot appropriately be asked in open court
· It permits counsel to efficiently learn more information about potential jurors than is allowed during oral voir dire
· It allows counsel to ask follow-up questions to clarify answers on the written questionnaire
· It greatly reduces the risk of a maverick juror who may taint the entire panel
Once you have decided to use a written questionnaire, you need to get approved by the Court. You could hire a trial consulting firm to do the work, but what if that is not in your budget. Here are some tips on writing a useful juror questionnaire that will be approved by the Court:
· Keep It Short- Most judges will not inflict a 30-page monstrosity on a potential juror. Try to keep it to one page, double-sided, if possible. You can do this by turning the page landscape-style to fit three columns of questions, shrink the font, and leave room only where written answers are essential. Jurors will also be intimidated by the length and rush through it. They will not answer the questions as fully and accurately as you would like.
· Correlate the Questions with Verdict Orientation-There is, for example, no reason to inquire about the juror’s military service, television viewing habits, or use of the Internet unless you have some reason to believe that the answers to those questions will be useful in predicting how the juror is likely to vote in your case. However, try to write questions in which the correlation is not obvious. If you write questions that explicitly identify a potential juror who would not be good for the opposing side, they may then seek to excuse those jurors. Also, judges do not want to have the court handing out something that looks prejudiced toward one side.
· Write Questions That Measure Value Characteristics- Value characteristics are the predictive variables represented by deeper beliefs, values and attitudes held by the individual. They will take you more time and thinking to identify them, but they are the most important in identifying the bad jurors. You may have come to the conclusion that 90% of Hispanics, who work in non-executive jobs, will favor a shopper who slips and falls in a grocery store on a wet spot. But when you come to a Hispanic on the panel and you only know the status characteristics, you do not know if you are faced with one of the 10% who is not going to favor the shopper. Questions that ask about value characteristics will better identify how that juror will respond.
· Phrase Questions Using Categories That Reveal Extreme or Emotional Responses- You should write questions with at least four categories of response (rather than just “yes/no” or “agree/disagree”) to find the jurors who are on the extreme. It is best to use four categories of response with attitude statements. For example, use “strongly agree”, “somewhat agree”, “somewhat agree”, and “strongly disagree” as possible answers. This range of choices forces jurors into one of these four categories and does not allow a juror to escape by stating “no opinion” or “no response”. However, some courts will be more receptive to attitude questions if you add a fifth response of “neutral” or “no opinion.”

Finding the right jurors can mean the difference between success and failure. Using a written juror questionnaire is one tool to help you better select jurors. Hopefully, this article has given you a start on writing effective jury questionnaires.

How to Make You Closing Statement Leave a Lasting Impression

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Clear Jury Instructions

In the courtroom, it is very important that everyone receives a clear message about the current trial. The jury has one of the most crucial decisions because they have to set aside their prejudices, sort through the facts, and help choose the verdict. Jury instructions are the set of legal rules that are given by the judge, who reads them to the jury. The jury should follow these rules whenever they are going to decide the verdict in a criminal and/or civil case. Even though they can be different, about 48 states use a general set of jury instructions in most cases. To make sure that all parties are on the same page, the Florida Grand Jury Instructions are:

1. Preliminary statements
2. Instructions on subject matter
3. Civil instructions
4. Procedure
5. Disqualification of a grand juror
6. Disqualification of state attorney
7. Jury functions only as body
8. Child labor, election, subversive activities laws
9. Oath
10. Conclusion
11. Appointment

The jury does have a big weight on their shoulders when they are going through each case. One of the most important issues that come about are the bias or prejudices they may have towards a certain side. If there is any present, there will be a need for a new trial since it is jury misconduct. They have to treat each trial the same until they are presented all of the evidence, where they can then make a decision. If the jury instructions are clear and the jury understands, it will help prevent unfair trials.

Creating Easy Exhibits

During a trial, by far one of the most important parts in the success of your case is convincing the jury that your client is innocent. Jurors are very impressionable and how you present you and your client weighs a great deal on their decision. It is your job to ensure that the jurors clearly understand the points you are trying to make in your opening statement, or even your admittance of evidence as exhibits.

Potentially one of the most important parts of a defendant or plaintiff's case can be the evidence they provide. As the representing attorney, it is your job to make sure that the jurors clearly understand the exhibits and the relevance of each one to the case. The fate of your client lies within the hands of the jury and you want to ensure they are fully and clearly understanding the purpose of each exhibit and what they show. If the jury does not plainly see or understand the exhibit, the case could potentially end up in the other parties favor.

Document Exhibits

To begin, many people bring in documents for evidence showing specific relevance to the case. Said documents are usually normal size documents with smaller printing. With that being said, in order to make the document a strong exhibit in the case, be sure the following tips are met:

• Make sure the text is large enough for all members of the jury to read.
• Ensure the text is in bold color all members of the jury can see.
• Make sure the text is in clear font like Times New Roman for efficiency purposes so the jury can read clearly.
• Ensure the exhibit is labelled correctly in the order of presentation for the trial.

Following the tips listed above will assist you in properly presenting a document exhibit to the jury for your case. With said tips, the jurors should clearly understand the relevance of the document and hopefully will keep the exhibit in mind when determining their final decision.

Diagram Exhibits

In many cases, often times a lawyers use diagrams to make things easier for the jurors to understand clearly. After all, as a lawyer, we want to make the job of the jury as easy as possible so keeping things simple and clearly shown will help in the process. With diagrams there are a few things that every lawyer should keep in mind when organizing the diagrams to present to the jury:

• Make sure the diagram is large enough for all members of the jury to see clearly.
• Make sure the text on the diagram is proper size for the jury to see clearly.
• Ensure the text as well as the diagram are in dark bold colors for the jury to see clearly.
• Ensure your diagram is easy to understand and not overly complicated for the jury to understand.

The clarity and content of your diagram can be in your case. Make sure you are clearly communicating to the jury the relevance and facts of the diagram so there is no confusion made by the jurors. Keeping the exhibits simple and clear assists the jury in being a step closer to making an informative decision in the matter.

Physical Exhibits

In many cases often times physical evidence such as a weapon, may be submitted in a case as an exhibit. Such an exhibit requires a bit more attention and care than that of a document or diagram. Physical evidence needs to be maintained in the state it was found in. If there was blood on one end of the knife, the blood should remain on the knife at all times. The blood and the location it is found on the knife is vital in the presenting the knife as an exhibit to the jury. The jury will take how the visually see the knife to make a decision. When displaying physical evidence as an exhibit to the jury the following are few steps a lawyer should take to ensure the success of the exhibit:

• Make sure the evidence is left in the state it was found in so the jury can see it in it's original state.
• Ensure the exhibit is labelled correctly for the jury to see clearly.
• Ensure the jury clearly understands the relevance of the exhibit.

In many cases, a physical exhibit can make a case. All it takes is one look at a bloody glove, or in the case of OJ Simpson, the glove that did not fit, to sway the decision of the jury.

The jury is very impressionable and it is the your job as the representing lawyer to get the jury to understand your point of view through the exhibits provided. With that being said, it is very important to clearly label each exhibit correctly and speak as clearly and plainly as you can to the jury. Ensure they are understanding the exhibits as clear as day and your description and the importance of each rely greatly on how well you can present them. Following the above tips will provide you with a better understanding when developing your exhibits for your next case.

Keep Your Clients Happy Through Better Billing Descriptions

Of all the things everyone has to work with, nothing is more precious than time. For lawyers who bill hourly, accurately capturing and accurately describing your billable time is a crucial function. Accurately capturing your billable time directly effects the total time you must spend reaching your billable goals, leaving more time for other activities in and out of the office. By accurately describing your time, you can present more persuasive bills to your clients, who will be more willing to pay them in full and on time. Instead of spending time on disputed charges and collections, you can spend more time on why you put in long hours at law school, practicing law.
Writing more accurate and clearer descriptions of your billable time will also lead to greater client satisfaction. Clients will be more willing to use your services again or refer someone to you, if they feel they got their money’s worth.
So, with all that at stake, here are some ideas to help you more accurately describe your billable time:

Craft Descriptions That Are Thorough and Complete- It may take more time up front to write a detailed description, but the payoff comes in the likelihood of less editing needed by the attorneys preparing the bills, fewer client questions about bills, and ultimately, more prompt payments. For example, instead of simply "Review documents," say, "Review documents, including [then list the documents reviewed]." Avoid using "etc." Instead of "organize file" or "review file," describe the reason for such organizing or reviewing. The length of the description should reflect the duration of time worked. Demonstrate to the client that the time was well spent.
Use Active, Results-oriented Verbs to Convey Action- The actions you take on your client's behalf is the service you provide. Use the present tense which results in a more active, “live” description than using the past tense. Writing in present tense also shows the client that his attorney is presently involved in his case, not that they were involved last month or sometime in the past, but now.
Avoid Abbreviations- Spell out the full name of agencies and acronyms. Use "memorandum" instead of "memo," "facsimile" instead of "fax," and "telephone conference" instead of "telephone call" or "phone call."
Avoid Needless Detail If Such Specificity Tends to Devalue The Work- Instead of "e-mail" or "fax," use "correspondence," or at least "e-mail correspondence" or "facsimile correspondence." Instead of "dictate" or "draft," use "prepare." Instead of "revise," use "further prepare."

Clients expect value for the money they spend on lawyer fees. By accurately recording your time and then translating that into a bill that accurately shows the work done, clients feel they are getting value for their money. This leads to timely payment and less disputes, which helps the bottom line cash flow of your law firm.

Lasting Impressions

First impressions are lasting impressions and it's extremely important when it comes to lawyers and potential clients. When a client is looking for a lawyer, one of the most crucial needs that has to be satisfied is how well the lawyer can listen and understand what their problems are. Communication is not only dealing with speaking but listening as well. During the first meeting, between the lawyer and the client, it's very important that the lawyer gives undivided attention to their prospects. You are letting them know that you are a good listener and they are the most important person at that moment. Ways to successfully attract your future clients:

• Use empathy. By putting yourself in your client's shoes it will help you better comprehend the situation.


• Make sure your client understands his/her situation to the fullest. Explaining their situation clearly and slowly will help get a better grip of what is actually happening.


• Use words that clients will be able to comprehend. Answer common questions they may have. See if they grasp the concepts because clients won't spend their money on something they don't understand.


• Discuss pros and cons (risks and benefits) and offer specific solutions. You can also recommend a solution from your point of view because they would be more receptive when you speak.


• Invite clients to ask any lingering questions. Any question is better than no question and you want your client to feel like you are always going to be their to help.

Successful communication includes clear, concise messages along with great listening. Lawyers and clients can possibly interact with one another everyday and messages could get mixed along the way. To prevent this from happening, the tips in the bulletins are good starter points that will help any lawyer and law firm, receive more clients and their trust. It is important to maintain a healthy relationship that both parties understands.

Important Tips to Remember When Declining a Case

Communicating with a prospective client is always a delicate situation. As a lawyer it is important to maintain any information given in confidence. It is important that when an attorney declines a case they communicate effectively and clearly with the client. A lawyer should use caution when informing a prospective client that they will not be accepting their case because they need to be sure there is no doubt in the other persons mind that they are not handling the case.

Communicating news such as not accepting a case is best done through written communication so that the attorney can cover themselves if there is ever a question as to what was said. The attorney needs to be sure to explain to the prospective client that they may still have a valid case and if they chose to pursue it they should contact another attorney before the applicable statute of limitation expires.

A few of the common reasons that a lawyer would decline a case are:

-If the case does not meet the legal standard of a meritorious claim, lawyers cannot accept the case.

- If the lawyer has a conflict of interest, if they have a relationship with the people or company on the other side of your problem, they cannot accept representation.

-If the lawyer is not sufficiently knowledgeable or qualified to handle the problem, they are required to decline representation.

-If the prospective client and the lawyer cannot agree on the scope and strategy of a case, they will decline to be involved. This includes the fundamental question of whether the legal fees to be expended are proportional to the likely outcome.

Source: Columbus Bar Association, The People’s Bar: Finding a Lawyer FAQ http://www.peoplesbar.org/findingalawyer/faq.php

Communicating With Your Clients

Being a lawyer, communicating with your client's is key in the success of your firm. In order to build a large, stable clientele, it is important to cater to each and every client effectively and professionally. There are many situations where it is of the utmost importance to maintain a professional, yet friendly relationship with your client, and helping them clearly understand their matter is one of them.


One of the main duties of a lawyer is to provide service to his or her clients. With that being said, a lawyer should possess a certain set of skills and techniques when communicating with a client. There are different situations throughout the lawyer/client relationship where the lawyer has to know a certain way to communicate to the client what is taking place so the client understands what is going on with the case such as if they need to appear in court, sign a document, or provide information for exhibits for the case.


When communicating to the client either orally or through a letter, it is important to remember that you are speaking to a civilian who may not necessarily know the legal terminilogy used in the courtroom, as well as in the law firm. With that being said, as a lawyer, you need to determine an effective way to communicate to your clients in a professional manner, yet a way they can understand. You wouldn't speak to them as if you were addressing a Judge or a fellow attorney who understands the legal terminology legal counsel and Justices speak in. Use the following guidelines when developing a strong communication bond between you and your client.

• Use clear simple words and phrases
• Speak in a professional manner
• Ensure your concise when talking about the issue
• Make sure the client fully understands what you are trying to make clear

Having the client understand clearly what they need to do is key in the attorney/client relationship. Having a strong understanding and communication bond will ensure the success of the case. The client needs to fully understand what is taking place and what they need to do, and it is the job of the lawyer to make sure they know. After all, that is why people hire attorneys.

When writing a letter to your clients it is just as important to make sure you are communicating the vital areas of the case effectively. If a signature or appearance is required of the client, compose a letter with such information clearly stated. Following these guidelines will assist you in drafting letters to your clients.

• Be sure documentation is enclosed for signing
• Make sure you reference the enclosure in your letter
• Clearly state what the client needs to do with the letter
• Use simple yet concrete language in your letter

As a lawyer, there are many different aspects to your job, communicating and maintaining a respectable yet friendly relationship with your client is one of the major ones. Of course there are many other ways a lawyer can maintain effective service to his or her clients, but understanding an effective way to communicate with them first is key. Without a clear, strong communication bond between the lawyer and the client, the odds of the case turning out in their favor could be cut in half. With that being said, be sure to determine an effective way to communicate and use the guidelines listed above to ensure the success of the case in the end.

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