How Construction and Other Clients Can Help Themselves
Construction cases by their nature tend to involve a lot of facts, witnesses, and documents. They also tend to involve multiple parties, legal issues and arguments, and strategic procedural and motions practice. By their nature, these realities mean that construction cases can involve quite a lot of legal work and can be expensive to try.
There are several things that clients in construction cases, and indeed all legal matters, can and should do to help themselves. Following these tips can not only streamline the effort undertaken by the lawyer and thus reduce expenses, but also can help to present your matter in the most effective manner and produce better results:
- Be organized. Handing your lawyer a tabbed binder of documents instead of a disheveled pile of documents means less time reviewing and understanding your care.
- Be responsive. When your matter is analyzed or litigated in fits and starts because you do not respond, that effort tends to always require retreading old ground ramping up again.
- Do your homework. A corollary to No. 2, if you are to obtain documents, information, or provide assistance, understand that your efforts are important to timely and efficient handling of your matter.
- Make decisions. Once there is sufficient information and analysis to make informed choices, it is time to decide. Failing to pick often not only removes the need or chance to choose, but it translates to expensive lost effort without advancing your matter.
- Understand time is money. Even with all the discussion about alternative fee billing, this will always be true. I know and understand that client communication is critical. Clients should know and understand that the more we communicate, particular on rehashing prior discussions or decisions (see No. 4 above), the more expensive the case gets.
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Great basic tips on how to help us help them. The more organized a client, the better we are able to evaluate their case and come up with a plan of action.
I recently had a case where a subcontractor client had a multiple six figure bond claim. In asking questions, it quickly became clear that their paperwork was immaculate, they got signed change orders for every extra before they did the work, their claims were solid, and they were entirely entitled to the money. When I asked for the back-up, the next day I received two copies of a four inch binder, marked and tabbed, with a spreadsheet detailing their claims that was easy to follow ... one for me, one for the surety.
They were paid in full within literally days with very little required attorney effort and thus legal expense. It does not happen every time, but having your act together as a client makes our job a lot easier and dramatically increases the chances for a good result.
Who is this client? Such clients exist! (just kidding) Particularly with bond claims, I can see how this is true. You show a great set of documented files and generally, you get paid.
Past performance is not an indication of future results as my broker friends say ... but I am all in favor of anything that helps tilt the odds towards my clients!
Good advice. Social networking does wonders in the positive reinforcement department. Thank you.
Hi Barry!
Thanks for the comment and the visit! You reminded me to check for your reply on your blog ...
Great tips. I'd only add/stress that having an organized, responsive, and engaged client doesn't just keep the bills down--it aids in the ultimate goal of persuading the judge or jury. Generally speaking, an organized client is a credible client, and having a credible client goes a long way towards getting a good result.
Jay,
Thanks for the comment, and in particular for its important point of emphasis. Having your act together when you go in the courtroom (or even in deposition) goes a long way towards being effective and credible, and that applies equally to clients as well as their counsel.