If
we were to choose a lawyer, here are the 5
Cs we would consider—Comfortable, Capable, Confident, Cost, Convenience.
1. COMFORTABLE.
The most important factor in choosing a lawyer is comfort. The lawyer you are
talking with may be the most capable, the most self-confident, the cheapest,
and has the most convenient office location, but if you do not feel comfortable
with the lawyer, you should not hire the lawyer. Do you and the lawyer speak the same
language? If not, how are you going to discuss your case comfortably and
completely? Note what the lawyer says; but more importantly, observe the
lawyer’s body language. See “Body Language 101” by David Lambert. These are the
keys to determining if you can comfortably deal with the lawyer. Does the
lawyer show great interest in listening to you? Does he lean forward as if to
catch every word you say? Or is he yawning or rubbing his eyes? Is he constantly interrupting you as you are
telling your story, thereby interrupting your train of thought? When the
lawyer’s phone rings, does he engage in a long conversation with the caller or
tell the caller that he is with a beautiful client and will call back. After
telling your story, does the lawyer have a preliminary evaluation of your case
or tell you to come back for the evaluation? Does the lawyer feel that the
government has a strong case and that it is better to plead guilty and make a
deal otherwise if you lose you might be jailed for life (as some of Imelda
Marcos’ first lawyers reportedly told her)? Does the lawyer refuse to answer
your question as to whether he has handled a similar case before and what was
the outcome? Will the lawyer agree to visit you if you will be arrested and
detained? If you do not speak English,
will the lawyer bring an interpreter with him?
2. CAPABLE. What
are the credentials of the lawyer you are considering hiring? What school did
the lawyer go to? Did the lawyer graduate from an Ivy League University—Yale,
Harvard, Brown, Columbia, Cornell, Dartmouth, Princeton, or University of
Pennsylvania? Does his confidence and years of successful experience make up
for not going to these schools? Do not be ashamed to ask: How long has the
lawyer been in practice, what is his experience in the type of case you have,
and what his success rate?
3. CONFIDENT.
“Confidence is the backbone of success,” says my son, Noel, a lawyer
specializing in military, criminal, and family law cases, who was interviewed
for Forecasts and Strategies for the New Year and Beyond published in Forbes
2014 Billionaire Issue (March 24, 2014) p. 131. He explained that “If you
strive to be successful, you must have confidence in yourself, your abilities,
and that you can win. Confidence doesn’t come naturally. It comes from
possessing and maintaining the highest level of competence in your field. No
matter how great your natural talent, success is built upon hard work, long
hours, and mastering your craft.” Does
the lawyer act with an air of confidence? Is the lawyer confident in winning
your case? If the lawyer says 50-50, that means he has no confidence. If the
lawyer says he is confident, what is the basis of his confidence? What is his strategy
for winning? If he tells you that it is better to plead guilty or ask for
voluntary departure, leave immediately.
4. COST. Most
people make cost their primary consideration in hiring a lawyer. But is money
more important than avoiding jail or deportation? Think 10,000 to 20,000 times
before committing a crime. That is the average cost in dollars to hire an
immigration lawyer or criminal defense attorney. It will cost more if you are
in detention.
5. CONVENIENCE.
The location of the lawyer’s office from your home is a factor in choosing a
lawyer, but it should not be a significant one. If a cigarette smoker can say
“I will walk a mile for a Camel [cigarette],” you should be able to say “I will
drive a thousand miles for a great lawyer.”
(Atty. Tipon has a Master of Laws degree from Yale Law
School and a Bachelor of Laws degree from the University of the Philippines. He
specializes in immigration law and criminal defense. Office: 800 Bethel St.,
Suite 402, Honolulu, HI 96813. Tel. (808) 225-2645. E-Mail: filamlaw@yahoo.com.
Websites: www.MilitaryandCriminalLaw.com. He is from Laoag City and Magsingal,
Ilocos Sur. He served as an Immigration Officer. He is co-author of
“Immigration Law Service, 1st ed.,” an 8-volume practice guide for
immigration officers and lawyers. Listen to the most funny, interesting, and
useful radio program in Hawaii on KNDI at 1270 AM dial every Thursday at 7:30
a.m. This article is a general overview of the subject matter discussed and is
not intended as legal advice. No attorney-client relationship is established
between the writer and readers relying upon and/or acting pursuant to the
contents of this article.)
Comments
Post a Comment