Last week I was on the road during the Christmas holiday.  My cell phone rang — Bluetooth, of course.  An insurance defense lawyer was calling my clients’ parents and asking for statements about her injuries.  Should they give them?

My answer was for her to tell her parents it is up to them, but they’re not required to give a statement to anybody unless they are subpoenaed for a deposition or trial testimony.

There are so many layers to this brief conversation:

1. I can advise my client, but I can’t advise her parents because I’m not their lawyer.
2. For my client, it’s a scary unknown to have some stranger calling up her parents and trying to take a recorded statement about her injuries — what should she do?  Do they have to give a statement?  Will it hurt the case?
3. My wife has to put up with interruptions like this, because I give my cell phone and email address to my clients.  My clients don’t abuse that, but they do appreciate it and I think it makes me a better lawyer for them.

It reminded me of a case I had where a husband and wife had claims due to the wrongful death of their teenage son.  They were divorced.  The mom was the Administrator of the Estate, which gave her and her lawyers control of the case.  I represented the dad.  After a while the two started talking about their lawyers.  The wife said:

“Your lawyer filed a Motion to get the case moving?” 

“You mean you can call your lawyer and he takes and returns you phone calls?” 

“You mean your lawyer actually tells  you what’s going on in the case?”

Pretty soon the mom fired her lawyers and hired me.  I first requested them to agree in writing to divide the proceeds of the case equally, so there would be no conflict of interest between them.  When the case settled I had to give part of my attorney fee to the lawyers who had done virtually nothing and wouldn’t call their clients back, but it was still pretty satisfying, especially since we had obtained a substantial settlement in a very challenging case.

The most common complaint  I hear about lawyers is that they won’t return their clients’ phone calls, which is wrong on so many levels:

1. A lawyer has an ethical duty to communicate and keep his or her clients informed about their cases.
2. A lawyer has a duty to prosecute clients’ cases competently.
3. It’s good business and good client relationships to stay in touch with my clients, and
4. Injuries happen to people.  If I don’t know who you are, I can’t effectively represent you in an injury case because I don’t know how your injury affected your life.

This is why I give my clients my cell phone number and my email address.  It helps me help you if you can call me and get a quick question answered, or tell me what the doctors are telling you, or find out what the status of your case is.

Successful prosecution of a personal injury case requires teamwork between a lawyer, the lawyer’s staff, and the lawyer’s client.  Because we have a great staff and team at Foshee & Yaffe, I feel comfortable in telling clients that our firm will take good care of them, treat them with respect and kindness, and put together the nuts and bolts of their cases in a way that will help me get the best compensation possible for their injuries.

But it all starts with that relationship between you and me.  I tell you mine, you show me yours.  I can’t be your personal social friend or buddy while I represent you, because then I lose objectivity and can’t represent you professionally.  But there is a reason we are called “Counsellors at Law”.  A lawyer is both an advisor and an advocate.  If I don’t make myself accessible to learn the facts of your case, I can’t fight for you effectively.

Last month I asked an insurance adjuster whether the detailed settlement letter I sent her was helpful in her decision to offer policy limits to my client.  Her answer:  “Yes, because it helped me to see your client as a person, not just some medical bills and medical records.”

Your case is YOUR case, not your lawyer’s case.  I can never make you whole for a life-altering injury, but that doesn’t mean I have to add to your problems.  I try to represent you in a way that at the end of your case you’ll feel comfortable in recommending me to a friend or family member, because I listened to you, told you the truth, and represented you honestly.

And, after 32 years and about a hundred jury trials, I’m pretty good at what I do.

If you have a question, my email address is gregh@fylaw.com.

Wishing you a Happy New Year, Yours, Greg Haubrich