I could never understand why someone would hire a high-priced, hotshot lawyer but refuse to take their advice. It happens more frequently than you might realize, sometimes the result of an uneducated neighbour or friend, who after going through their own divorce, deigns to give (bad) advice to all who will listen. Other times it’s a litigant who thinks he or she knows better.
In a recent case in Vancouver, a lawyer had a difficult time persuading her client that his strategic decisions were wrong-headed and would ultimately lead to disaster. Here’s what the lawyer told her doubting client:
“Family law is a breed apart. Affidavit evidence is generally full of crap, most of which doesn’t matter. ” (Editorial comment: A true statement)
“…if you bring numerous expensive court applications that are out of the ordinary in family law in response to her material, you can guarantee she will get her advance for legal fees because you will have proved to the court what she has said in her material that you will seek to prolong the court proceedings by litigation tactics that are outside the norm in family law and not only will they be unsuccessful, those tactics will backfire spectacularly.” (Editorial comment: Also true)
“You might be better served with a puppet lawyer than with someone who is trying to save you money and grief. Think about it, as once you start down this type of path, you have blown your potential opportunity to get this litigation over with relatively easily.” (Editorial comment: A puppet lawyer is a stooge, a dupe)
“We won’t fire you now because you are stuck with a rapidly approaching court date but (John) or (Jane) will have to argue the motions you want to argue that I think are a waste of time and money, as my reputation as ethical counsel with the court and other lawyers is important to me and I don’t want the court or other counsel to think I am suddenly trying to rip off my clients by bringing motions that appear to be designed to make me money and not to help my clients.” (Editorial comment: Lawyers cannot abandon clients if a hearing is pending)
Tough words, but ethical lawyers who see their clients heading in the wrong direction are obliged to point out the crash course they are on. Most often the solicitor/client relationship ends dramatically, with unpaid legal bills and complaints to the lawyer’s governing body. (Editorial comment: Most times these complaints are dismissed)
To you who hire lawyers, you’d be wise to remember that the legal system is a complex maze that requires a steady hand at the wheel, a driver who has the expertise you need and the interest and passion to pursue justice on your behalf. Of course, in all litigation there are winners and losers, and competent counsel should tell you what side you will likely land on.
Lawdiva aka Georgialee Lang