More than once, after I tell someone who calls me inquiring about their situation, that they do not have a case under the law, or their case would be very expensive to process and their chances of prevailing are slim, they have angrily said “I’m going to find a lawyer who knows the law!” I believe, after nearly 43 years of practicing the law, that I pretty much know the law, and if I don’t know it, I know how to research it.
The majority of people search for a lawyer by surfing the Internet, using the yellow pages, or seeing paid advertising; using a referral service; receiving a referral as part of a workplace benefit; or receiving a referral from relatives, friends, co-workers or neighbors.
Often the process of locating a lawyer who practices in the relevant area, or even finding a lawyer who will take the time to consult with a person, is time-consuming. One would assume that after going through the effort and time involvement of finding or speaking to a lawyer, that people would respect the time a lawyer spends consulting with them, time for which the caller is often not charged, and believe the information received from that lawyer, who has training and experience in the law.
Yet people often have unrealistic expectations of what the law says, of how the law is actually interpreted by the courts, of how the legal system really operates, and the amount of time, effort and funds necessary to produce the type of result they want to achieve.
One area in which people think they have greater rights than they actually have is in the civil rights and employment law areas. A soup to nuts civil rights case is very difficult and expensive to pursue. There are many plateaus which must be reached before a matter is even permitted to proceed to a court. There is a high cost of engaging in the discovery process to root out information which people often just have a hunch about. Convincing a judge or a jury that one has proved their case is the final obstacle. These are just some of the obstacles which must be reached and overcome in proving one’s case.
Yet, every so often, after I have taken my time to patiently explain the intricacies of the law to a caller, and despite my many years of experience for which I believe I deserve some credit and respect, someone who does not want to accept the realities of the law will say they don’t believe me or they don’t agree with me. What these people really mean is that they are not seeking a lawyer who knows the law, because most experienced lawyers know the law. What they really mean is they are looking for a lawyer who agrees with their version of what the law is or should be. And what they really should be doing is being grateful and respectful of a lawyer who has taken the time out of their busy day to speak with them and give them realistic advice about their situation.