Do you think that you have hired a bad attorney or you are just
insecure? If yes! Then watch out for these lawyer red flags to keep
you on your heels and ensure that you don’t hire a bad attorney
again.
When paying for your legal services, you can always get your
money’s worth when you are represented by competent and good
lawyers. To know more about a good attorney and a bad one, do well
to read this article to the end.
Who is a lawyer?
A lawyer is a trained person who is qualified and licensed to
advise people about the law and represent them in a court of law. A
lawyer can also be called a legal adviser, solicitor, counsel, and
attorney.
An attorney applies the law to specific cases assigned to them.
They examine the facts and the evidence given to them by discussing
with their clients and reviewing documents. They also prepare and
file the pleadings in court. At the trial, they submit evidence,
argue, interrogate witnesses, and ask questions of law and
fact.
If an attorney does not win the case, they may seek redress or a
new trial in the court of appeal. In many cases,
they can bring about the settlement of a case without trial through
reconciliation, compromise, and negotiation.
The law gives individuals the power to arrange and specify their
legal rights in many cases and various ways, such as through
contracts, wills, corporate bylaws, and attorney aid in many of
these arrangements. There has been rapid development in this field
of work since the 20th century, the representation of clients
before the administrative committees or the courts of law and
before legislative committees.
Attorneys have several loyalties when it comes to their work, to
their clients, to the community, to the administration of justice,
and themselves. The standards of the profession are intended to
affect reconciliation when these loyalties conflict. Here in
Nigeria, all attorneys are admitted to the bar as
solicitors and barristers of the Supreme
Court without any difference as to their roles or
functions.
What are the duties of a Lawyer?
When it comes to attorneys, they fill a crucial part in our
lives and society at large. These are the duties a good attorney
performs in most cases, especially in Nigeria.
- An attorney helps you to draft legal documents that vary from
demand notice to a debt, business letters, or legal agreements like
Deed of Conveyance. For instance, when you buy a
piece of land, the agreement prepared to be signed by you and the
land vendor is done by the attorney. They prepare a tenancy
agreement or Deed of assignment.
- An attorney can help recover your debt, evict that stubborn
tenant, and enforce your right when violated by anybody or other
law enforcement agencies.
- An attorney gives other duties that help you to register your
business name, incorporate trustees, like social clubs, churches,
and schools, and incorporate your companies (limited liability
company). If you’d like to change the name of your registered
company or change directors or increase shares capital. An attorney
can help you achieve all these and more. An attorney can also serve
as a company secretary.
- Are you a family man with a lot of properties and assets? Then
there is a need for you to write a will to leave your properties to
your wife and children, and not the hungry brothers to devour all
you have worked for when you are gone. Thus, an attorney can help
you draft your will and get it registered with the law
properly.
- An attorney can also help you get a Letter of
Administration in a situation where your father, mother,
husband, or wife dies without writing a will.
- They can also help interpret an incomprehensible document and
clarify it to you in a simpler sentence you can understand. And do
not forget, an attorney is a person who represents you in court or
any other official engagement.
What are the qualities to check out for in a competent
lawyer?
Here are signs demonstrating that you’ve hired a qualified
and competent attorney to handle your private injury case. Do you
know you need a competent attorney when it comes to leading a legal
life, from offices, houses, and other places? Here are the
qualities you should check out for in a competent attorney.
1. Experiences
When hiring an attorney for any type of personal injury claim,
it’s in your interest to find someone with a great experience.
That means, in the number of years each attorney has been
practicing, it can be important to look for someone with a good
background. For instance, there are a few questions you might want
to ask yourself or determine during the first consultation
phase.
2. Judgments
Mostly, trying to check out an attorney with a logical
conclusion, the ability to draw reasonable conclusions from limited
information is important for a good attorney. The attorney must
also be able to consider judgments critically so that you can
predict potential areas of weakness in your argument that must be
strengthened against.
An attorney must be able to spot points of weakness in an
opposition’s argument. Perseverance is also a part of the
judgment. There will be a lot of significant judgment calls to make
and little time for sitting on the fence.
3. Reasonable communication skills
An attorney must be orally articulate, have good written
communication skills, and also be a good listener. To argue
convincingly in the courtroom before judges and juries, good public
speaking skills are quite important. You can figure out a competent
attorney with communication and speaking skills when they take part
in activities such as meetings or general public speaking.
Although it’s not all about prediction. To be able to
analyze what clients tell them or follow a problematic testimony,
an attorney must have good listening skills.
4. Good analytical skills
The study and practice of law involve absorbing large quantities
of information and then having to digest it into something
manageable and practical. At times, there will be more than one
reasonable verdict, or more than one precedent favorable to solving
a situation. An attorney must therefore have the evaluative skills
to choose what is most suitable.
5. Effective research skills
Furthermore, being able to research quickly is an essential
skill to understand your clients, their needs, and your dedication
to legal strategies. Preparing legal strategies entails absorbing
and understanding large amounts of information, and then clarifying
them into something effective and useful.
6. Inter-communal skills
The law is believed to not be an abstract practice. Irrespective
of how well an individual does academically and physically. In the
end, the law works on behalf of people, and the decisions that are
made in people’s lives. Lawyers must be able to influence and
read the actions of others.
7. Persistence
Studying to become an attorney takes a great deal of persistence
and commitment before you even start any work. “Persistence is
not a long race; it features many short races one after the
other.” When working on cases, you must have the persistence
to complete the work necessary to drive it to a successful
finish.
8. Utmost creativity
The competent and top attorneys are not only logical and
rational, they display the utmost deal of creativity in their
problem-solving. The best solution is not always the most
noticeable and to out-maneuver your challenger. It is often
important to think outside the box; to find out if you have the
right integrity to be a successful attorney.
9. The neutrality
Going hand-in-hand with persistence and integrity, an objective
attorney will likely be more willing to make sound decisions on
your behalf. Any sort of prejudice or conflict of interest should
automatically disqualify the attorney from accepting the case you
offered. So it’s important to ensure your forthcoming candidate
maintains neutrality from the first consultation to the
courtroom.
Top red flags of a bad lawyers
It is important to take action as early in your case as
possible, but are you wondering if you hired a bad attorney for the
question case? The earlier in your case you try to change
attorneys, the smoother it will go with the court. Here are red
flags to beware of.
1. They are too busy to talk
The first sign you see when you hire a bad attorney is that he
is always busy with things other than the case. If your attorney
can never take your calls or doesn’t call you back within a few
hours of your call, it is a big red flag with a long stick. Your
attorney should always be available to discuss your case with you
in great detail. If they have so many clients that they can’t
take your call quickly, then they may not have enough time to
dedicate to your case.
2. It’s always their way or the highway
The second red flag you should take note of if you have hired a
bad attorney is that it is always their way or the highway. Your
attorney is there to teach you about what is going on, notify you
of your options, and then give you an opinion about each
option.
They should help you discern the pros and cons of each option,
at the end of the day, it is your case and your decision. If your
attorney is not willing to do anything besides what they want to
do, then you may have hired a bad one.
3. Always too pushy about a plea deal
A red flag with a longer stick is a sign of a bad criminal
defense lawyer. The lawyer would always want you to plead with the
opposing side. They are always too busy to do pretrial actions,
investigations, and prepare for the prosecution that may push you
to take a plea deal very quickly. This might also be a red flag
that they are scared to go to court.
Either way, you have some pretrial work done on your case before
you are encouraged to take a petition deal. It is difficult for
them to evaluate a case before some additional work, whether they
are sending investigators out or arguing motions in court.
4. They don’t care about you as a person except for the
work
When someone is caught up in the criminal justice system, then
perhaps they are going through a traumatic life experience. False
accusations can be very hard on you, and charges arise out of very
stressful incidents. Your attorney should take care of your
well-being as a person. For instance, If you are struggling with
addiction issues, they should find ways to help your treatment
resources.
Naturally, there are attorneys whose high energy can come off as
spontaneous or abrasive. If the attorney frequently displays
abrasive traits and cares more about work than you, then they are
rubbing you off the wrong way.
5. Their pays are quite confusing and not clear
You’re probably more willing to pay more for a good attorney
when your future is on the line. But you want your attorney to be
honest with you about their payments and you want to be sure to
understand the payment structure.
Although legal fees are often more than what you might imagine.
While cases are often unpredictable and sometimes require written
motions, more court appearances, or payments for hiring experts.
But fees should be listed on your bill, vague charges are a red
flag.
Also, clarity is essential because you need to know how much
time, attention, money, and other resources you need to have or set
aside for your case.
6. No reply, they will just “look into It”
Another red flag you will see when you hire a bad attorney is
that your criminal defense attorney never has any answers. When
they reply to you with, “I will look into it,” and never
actually do, that’s a problem. First, it might mean that they
are procrastinating and not getting things done for your defense
that need to be done. Secondly, it can mean that the attorney is
inexperienced and doesn’t have any answers. Surely, attorneys
do need to look into things, like time to send investigators out
and to do legal research. But if they are always telling you that
they would look into it, and never give you the answers you need,
then that’s a problem.
7. Fabrication and false statements
If you catch your attorney painting, twisting, or bending the
truth, then you should start looking forward to getting a new
attorney as soon as possible! Although they may easily have their
way with words. It may be as simple as lying to you about your
documents or more.
Complete honesty is necessary for lawyer-client relationships,
and your attorney should be able to give that to you as his client.
Your attorney expects you to be truthful about everything that has
to do with your case, while you also should expect the same thing
from him or her as well.
8. Delay
Lastly, this is a key issue. Some people can even get late to
their wedding party. If your attorney is late to your meetings or
any court appearances, then he’s not worth your money. Lateness
is a red flag, which means your lawyer does not have a good time
management system.
The lawyer might just not care about appearing disrespectful in
front of you or the court. The worse thing is that it puts you at
risk for delayed filing of documents which may result in huge fines
and penalties that come with these failures. In court, failures to
meet deadlines, especially those assessed by the law would directly
affect you and your case.
How to avoid a bad lawyer for your cases in the Future
Just in case, you have to know the things to take note of, about
bad attorneys and their effects on your cases, especially in
Nigeria. And these are ways we can help you to avoid them, picking
up your cases in the future.
When your attorney is too busy to talk and never gets back to
return your calls, to avoid this in the future, pay attention to
how quickly an attorney gets back to you when you call for an
introductory consultation. The attorney should get back to you
promptly and take the time to speak with you.
In the future, make sure your attorney listens to what you want
and acts accordingly, not what they want. Likewise, before your
attorney determines a plea deal, make sure the
attorney is digging into the case and fighting for your rights, as
it is the best course of action. You can as well ask the attorney
during a first consultation what their approach is when negotiating
plea deals.
Your attorney should be able to be at your service when you need
them. Just in case, If you need mental health counseling, they
should be able to help you find a good service provider. This is a
sign of an attorney who cares. An attorney who cares will work much
harder fighting for you than one who doesn’t.
If your attorney won’t give you the information you are
asking for after a couple of conversations, then you might have to
move on. Also, a good attorney who knows clarity and managed
expectations are important and makes sure that you are getting
these things from them. For the sake of late attorneys, always make
sure that your attorney prioritizes meeting their deadlines and
being on time.
What are lawyer issues with legal malpractices?
Legal malpractice is a type of failure or oversight in which an
attorney harms his or her client, mostly according to law.
Typically, this concerns attorneys acting in their interests for
their benefits, attorneys breaching their contract with the client
without prior notice. One of the most common of this legal
malpractice in Nigeria is when attorneys fail to act on time for
clients, either in court or at official events.
Can a lawyer be sued?
Firstly, have you heard about the word “rule of law”
the sovereignty of law over everything, both the ruled and ruler?
So yes, you can sue your attorney. He or she is not above the law
especially if the attorney has made serious errors. You may
consider suing an attorney for malpractice as well. But
unfortunately, it is very hard to win a malpractice case,
especially against a very skilled attorney.
Why do you need a family lawyer?
The Nigerian family law is here to protect and guide the rights
of the family members, especially in the presence of disputes and
challenges. Although a family is united by blood and has strong
personal ties. The family is also filled with sensitive issues such
as a divorce, and property division that can lead to complications,
hence the need for a family attorney.
An attorney that represents a family will protect their rights,
irrespective of the legal matter at hand. As a guiding principle to
the attorney, they look after the interests of the represented
person or people. Mind you, family matters are often very sensitive
and require an experienced and steady approach, thus the family
needs a qualified attorney.
Conclusion
Your choice of a defense attorney is one of the most important
decisions you’ll ever make, whether you’re facing charges
for theft divorce cases or any criminal cases. Especially when your
future is on the line, you can’t afford to have a bad attorney.
By keeping an eye out for those red flags that you hired a bad
attorney to keep you on your heels, hopefully, you can spot the
issue earlier or get a new attorney to help you.
If you do a lot of research before you buy anything of great
value, then you should exercise the same amount of effort in
choosing a good attorney.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
#Lawyer #Red #Flags #Heels #Management
