PREPARING FOR ANY TRIAL - CLIENT STRESS

Recently, I had a trial where my client gave testimony about facts that I was never advised of. How did this happen? This is my view: due to the stress that a client goes through during a litigation, there is much confusion. Some things a client may be thinking is:

1. I think I told the attorney everything.

2. I am going to withhold information that I feel will not be helpful.

3. The attorney will be able to ascertain all the facts on his or her own.

4. I don't want to put any more effort into this than I have to as it is already stressing me out...let the lawyer figure it out

And the list goes on. This is a recipe for disaster because the attorney cannot prepare for trial if the attorney does not have all the facts. This is a good time to remind clients of their responsibilities, courtesy of the New York State Bar Association:

"Statement of Client’s Responsibilities

Reciprocal trust, courtesy and respect are the hallmarks of the attorney-client relationship. Within that relationship, the client looks to the attorney for expertise, education, sound judgment, protection, advocacy and representation. These expectations can be achieved only if the client fulfills the following responsibilities:

1. The client is expected to treat the lawyer and the lawyer's staff with courtesy and consideration.

2. The client's relationship with the lawyer must be one of complete candor and the lawyer must be apprised of all facts or circumstances of the matter being handled by the lawyer even if the client believes that those facts may be detrimental to the client's cause or unflattering to the client.

3. The client must honor the fee arrangement as agreed to with the lawyer, in accordance with law.

4. All bills for services rendered which are tendered to the client pursuant to the agreed upon fee arrangement should be paid promptly.

5. The client may withdraw from the attorney-client relationship, subject to financial commitments under the agreed to fee arrangement, and, in certain circumstances, subject to court approval.

6. Although the client should expect that his or her correspondence, telephone calls and other communications will be answered within a reasonable time frame, the client
should recognize that the lawyer has other clients equally demanding of the lawyer's
time and attention.

7. The client should maintain contact with the lawyer, promptly notify the lawyer of any change in telephone number or address and respond promptly to a request by the
lawyer for information and cooperation.

8. The client must realize that the lawyer need respect only legitimate objectives of the client and that the lawyer will not advocate or propose positions which are
unprofessional or contrary to law or the Lawyer's Code of Professional responsibility.

9. The lawyer may be unable to accept a case if the lawyer has previous professional
commitments which will result in inadequate time being available for the proper
representation of a new client.

10. A lawyer is under no obligation to accept a client if the lawyer determines that the cause of the client is without merit, a conflict of interest would exist or that a suitable working relationship with the client is not likely."

What I ask my clients to do is to write out, in diary form, their testimony, answering the basic questions of who, what, where, when and how as to each detail. Unfortunately, there are times when there is not full compliance with my request and this is how cases can be lost.