One of the professions with a bad reputation in Mexico is undoubtedly that of the lawyer. But this bad image that has been created around them is incorrect. Here we share these tips for hiring the right lawyer legal separation lawyer.
There is no shortage of friends, family members or acquaintances who have gone through a bad legal experience. There are cases of all kinds that I would not even hesitate to call fraud. For example, those who paid fees to a lawyer who later disappeared, or those who pay a monthly fee for “copies” that almost becomes a monthly income.
This type of fraud is also linked to the population’s lack of legal knowledge. Many clients end up going not to the best lawyer, but to the one who will tell them what they want to hear, and not the truth. We know how these cases end.
I remember a lot of a person who lived in the place where I grew up, everyone in the neighborhood called him “the Lic.”, but in reality he was not a lawyer, what he did was stand outside courts and scam people. I suppose that thanks to these characters points are added to this bad reputation.
This bad image that has been created around lawyers is incorrect. I know top-notch lawyers, truly professionals with a high adherence to ethics and impeccable values. People who, in addition, live preparing themselves day by day to be the best in their area of practice.
And speaking of good lawyers who are always willing to help, I spoke with lawyer Patricia Ochoa Fregoso, partner at Equilibre Asesores. I asked him, with his knowledge of the industry and his professional experience, to help me understand the main points to consider when hiring a lawyer. The information you share with us is worth gold.
- Look for the specialist, not the friend
It is preferable to go to an expert in the specialty you are looking for. The trust you have in someone you know and the good intention are important; However, it should not replace the level of specialty required. - Find out about the fees
Specify the topic you are going to discuss (contract, litigation, mediation, dismissal, creating a company, divorce, negotiation, neighborhood conflict, adoption, inheritance, criminal complaint, etc.). Ask if there is information, data or documents that you should bring for the lawyer to respond to the query. This way you will save time (perhaps money) and the time you are dedicating to the consultation will become more efficient. - The lawyer informs; up to you
When attending the appointment, it is very important that you are clear about the role of the legal advisor as a guide and person who enlightens you about options and consequences. Remember that the burden of the situation falls on your shoulders, your pocket, your time, your business, your life project and, it must be mentioned, sometimes also on your emotions. So you must make sure that you are the one who makes decisions based on the information that the expert lawyer provides you. - Don’t let them talk to you in “abogañol”
It is the lawyer’s obligation to respond in such a way that his explanations are understandable for each client. If this does not happen, you should ask all the questions until it is sufficiently clear to you. There are no stupid questions, resolve all your doubts, because the consequences of not doing so are usually more unfortunate. - Honesty starts with you
You must be honest with the lawyer and not hide information, let him know what you are looking to resolve or what you want to achieve or avoid. - Is a bad agreement better, or a good lawsuit?
Ask him to inform you about the options that exist, both legal and practical. It may be that there are “many roads to get to Rome.” It is very important to know, following the culture of peace, if your matter is mediable, arbitrable or negotiable. - Every process has consequences
Although some routes have implicit risks, ask for a mitigation plan, as well as the costs involved (economic, legal or emotional), the expenses that will have to be considered and the estimated time (minimum and maximum probable) that it could take to be resolved. This way, you will have the opportunity to make informed decisions and take or not take the risks you consider appropriate. - Take notes
While the doubts are being clarified, take notes and write down as precisely or literally as possible what the lawyer answers. He notes the day and time of each conversation and its content. This will help minimize misunderstandings and also clarify later doubts. - There is no room for ambiguity
If you opt for a second opinion, the notes you have taken will help you, since there are legal issues that are named in a very specific way, so saying something more or less similar can be confusing, because it could be different, opposite or not make any sense. . - Three useful questions
When we are not specialists in legal issues, it is difficult for us to ask questions that require a certain degree of knowledge. Here some ways to solve it:
a) Be guided by your instinct or common sense to clarify the information you receive or to consider some assumption that is possible or very likely to happen and that you would like to know how it would be resolved: “What would happen if…”.
b) Ask the funnel question : Anything else that I should know, that could happen, that is going to happen, that you recommend, or that I should get, do or avoid?
c) Ask the lawyer if you can contact him to clarify any other questions that arise later and the way he prefers you to do so (call, WhatsApp, email, etc.).
- Take care of your documents
Avoid leaving original documents or certified copies or single simple copies (even if trusted), unless:
a) You already have a complete copy of all those documents—you can see the first and last lines of each page—and it is legible.
b) Its delivery is really necessary at that moment.
c) You have decided to hire the lawyer because it seemed appropriate to you and you are already clear about how much the fees and expenses will be (all), and you know the terms and conditions of the professional service that he or she will provide you.
When delivering these documents you must ALWAYS sign for receipt . The receipt must include the list that indicates distinctive details of each document, specifying whether they are original documents, certified copies or simple copies, the full name of the recipient, their signature and the date.
- Copies work too
Keep in mind that sometimes it is necessary to study the matter before the lawyer gives you an opinion or makes a fee proposal. To do this, you must submit a simple copy. We already talked about the originals in the previous point. - Don’t let them pressure you
If the lawyer proposes or suggests you do something or sign something that you do not agree with, are not very convinced of or have doubts, it is better to clarify it with him or another professional. Don’t feel pressured and never assume. Here you must clarify why it is required, what or who it will impact, what risks or consequences you are assuming and what type; Check if there are other options to resolve the issue, as well as ways to minimize the risks. - Monthly and immediate reports
Ask the lawyer from the beginning to inform you monthly about the progress and, when the issue warrants it, immediately; to send you a copy of everything that is done, processed, signed or received in relation to your matter. - Everything in writing is better
Ask the lawyer to send his response to the query in writing, so you can also clarify any additional questions. If you can’t do it, make clarifications based on the notes you took. Ask them to confirm if you correctly understood what they suggested or proposed. This way it will be clear that there is a match between what the lawyer said and what the client understood. - Question in court
If you want to ask directly how your case is going in court, consider that consulting or searching for a file has particularities that vary not only from state to state, but from court to court. Keep in mind that in this time of the “new normal,” some are managing with appointments. Ask to speak with the owner or judge. He may or may not attend to you at the moment; However, when you say the reason, they will channel you to someone who can support you. Maybe a lawyer you see out there can also guide you. Here the best thing is to ask without any shame. Consider that only the directly interested party is provided with the file or given information. Always carry identification and a copy. - Things aren’t over until they’re over
A matter ends when you have what you are looking for in your hands. Let me explain: if it is a divorce, it does not end with the sentence, but with the respective record. If it is the eviction of a property, it does not end with the ruling that orders its vacancy, but with the material (physical) delivery. If it is the purchase of a property, after signing the public deed before a notary, its registration in the Public Property Registry is required.
The path to the final end may take days, months or years. Therefore, you have to make sure that the lawyer makes sure it happens.
- Clear accounts from the beginning
Knowing how fee collection works is important before deciding to hand our matter over to you; Even when it comes to offices that offer free services, certain expenses are not included.
Take note of the bar or bar association to which you belong; This is a very good filter when hiring. Whether you sign (you must read and understand) or not a contract for the provision of professional services, there are rules that apply by law.
You also need to know what would happen if you decide to end the professional service before all the services considered have been provided. Any money delivered by the client must be recorded in a receipt from the lawyer, indicating the concept and made at the time the delivery occurs.