Do you have questions, concerns, or a complaint?
The law is complex. Full of its own jargon, latin phrases, and procedural traditions. We don’t expect our clients to understand all of that. After all, that is why you hired an experienced attorney, right? However, it can be the case that your attorney gets stuck in “work mode” and continues to use confusing language, or unfamiliar terms, to talk to you about your case. We always want you to understand what is going on in your case. If you are having trouble understanding what is going on in your case, the first remedy that we suggest is to speak to one of our staff. Staff are a great bridge between the legal world, and those of us who don’t speak legal jargon. Staff are typically also more available to clients as they do not manage court schedules, depositions, or client meetings.
If you have a concern that your questions aren’t being heard, or you feel that your legal representation isn’t meeting your expectations, then we would invite you to send a message directly to our Operations Manager, Andrew Cook. You can do this by using the contact page and starting your message with “Attention Andrew.” By using this communications method, we find that we can resolve a majority of the concerns and frustrations that our clients are having. It is important to us that we act on feedback, but there is little we can do to help if feedback is vague, anonymous, or lacking in details.
Typical concern that we deal with might be explained in the Q & A below:
Q: Why are things taking so long?
A: This is, perhaps, the concern we hear most. Clients are understandably eager to be done with the legal issue they are dealing with, and it feels like it is taking forever. Unfortunately, the legal process isn’t like the process to fix a clogged drain. For most of the problems we face, such as the clogged drain, we are used to calling a plumber who then gives us a date when they will do the work, and after some hours in our home the clog is fixed and we get a bill. Legal work, with few exceptions, never gets wrapped up so neatly. In many cases your case requires research, which takes time. While two similar cases may look the same, they often have very small differences that make a big deal in terms of how a case is handled. It is your lawyer’s responsibility to ensure that your case isn’t derailed by a technicality or oversight. After the research, there is typically a period of writing out the findings, and filing of paperwork with the courts. After cases are filed, they are reviewed and scrutinized by the court system which ultimately results in a response back to the attorney. Depending on the court’s observations, there may be more questions that need answered, more evidence, a further review of law, and so on. There are also many times when an attorney needs to send a letter to opposing counsel, and opposing counsel has a number of days to review, research, write, and respond. We try to predict how long the process will be, but it is only ever an educated guess. Behind the scenes, our staff and attorneys are always working to move your case forward; even if you can’t see it. If you are starting to feel like someone forgot about you, it is best to call and check with the support staff handling your case to see what is going on.
Q: Why won’t my attorney return my phone calls?
A: Your attorney, whether at Dagger Law or elsewhere, is busy. Between time in court, time interacting with other clients, time conducting research, and time drafting written correspondence, your attorney probably doesn’t have a lot of time for “drop in” calls or visits. That isn’t to say they don’t have time for you, but most attorneys manage their time each day so that the important things that are “moving” get attention before those items that are “waiting” (see above) for someone else to take action. There are times when we get clients who want to call daily to see how things are going with their case. While you have the right to call, you have to be aware that constantly requiring your attorney’s time might lead to running up a large bill. We recommend that if you want to check in with someone about your case, get to know the support staff who is handling it. Many of them can field a quick phone call or respond to an email without running the risk of creating a bill for their time.
Q: Why is this so expensive? You just wrote one letter/met with me once/did something easy for me.
A: Working with an attorney is often like the story of the elves who make the shoes. You leave a pile of materials out overnight, and return the next day to find shoes. Easy, right? Only we don’t see all the hard work that the elves put in. A single letter might require considerable research to ensure that all the legal arguments presented are valid and factual. Your one simple meeting might have entailed an hour’s worth of legal advice that you can take action on, and that easy “thing” that your attorney did is almost never easy. It is our policy to bill a fair rate, in-line with industry averages given experience and length of practice of the attorney, for billable work. Keep in mind that the work we do, whether it is for a divorce, creating a will, or establishing a new business, must eventually stand up in court. The cost to you, if our work isn’t of a high legal standard, will be much greater if a problem is found under a legal test than the cost for getting it right the first time.
The law is adversarial, at times, and there will be winners and losers.
We understand that things don’t always go the way we expect, or hope. While our primary goal is to bring about the best outcomes for our clients, there are days when “the best” doesn’t feel so great. The law is a complex tool, and there are countless examples where the law doesn’t run a parallel course with what we might view as fair, compassionate, or kind. In many cases, legal cases are adversarial by their very nature. In a divorce, matters of child custody, criminal charges, and many other legal cases; your lawyer is pitted against an opposing counsel. The two opposing sides of the case are both kept in check by a judge, and in some cases a jury determines the final outcome. Needless to say, there are a lot of moving parts in most cases, and few of them are truly predictable. Because of this, we know that some portion of legal clients won’t end up happy despite an attorney’s best efforts.
We uphold your right to be angry, and your right to voice your opinion. However, we would prefer to work with you to make the situation right for you, and we hope that you will reach out to us to work through a resolution, as a first step.