One of the most important and essential professionals for the administration of justice, the lawyer is called upon when an individual has a dispute, that is, a conflict and the latter needs State interference to be resolved, or even when he needs sufficient legal knowledge to produce a document or mediate a solution.
However, before calling this professional it is common for people to have the following question: how to hire a good lawyer?
If you ever wondered like that, stay tuned to reading this article. We spoke to the business lawyer and MBA professor in Legal Management at IPOG, Dr. Larissa Junqueira Reis Bareato, who highlighted important points about the proper process for hiring a lawyer.
The figure of this professional is essential when, for example, a person’s freedom is restricted by having committed an illegal act or by responding to any debt or accusation. However, there are exceptions that, despite the lawsuit, are problems that can be solved in courts, without the interference of this professional.
What do you need to know before hiring a lawyer?
When a person needs a good lawyer to mediate his position before justice, it is necessary to pay attention to some issues. Unfortunately, as in many professions, some lawyers act in bad faith with their clients and make their problems bigger than they already were.
Therefore, before hiring a good lawyer or lawyer it is essential to consider:
1. The professional’s area of expertise
A lawyer cannot be good in all areas. If you’ve heard a professional say that, be wary! The important thing here is to identify the area that covers your problem and look for a lawyer specialized in this same area, be it civil, labor , family, among others.
2. The attorney’s references
Before hiring a good lawyer look for information about him. It is important to check your qualifications, a task that can be done on the website of the Brazilian Bar Association, where you can access a National Register of Advocacy.
The lawyer himself, when consulted, can inform about his references and successful clients. Thus, the customer is able to search the market for confirmation and validation of this information. It is the famous “word of mouth”, as the teacher explains.
3. Consult two or more lawyers
It is recommended not to contract directly with the first lawyer you consult. Discuss all points with some lawyers. Understand each other’s positions, dialogue openly and try to identify each person’s domain and experience from their positions on the problem that needs to be solved.
4. Understand how the lawyer works in practice
Try to identify if the office has a quality service and if there is really a provision of information to the client. One of the biggest problems found in the relationship between lawyer and contractor is the lack of contact between both.
Also, find out how each attorney charges his fees, how that charge is made, and how it can be negotiated.
5. Read the entire contract before signing
Except for situations of imminent danger, be wary and run from the lawyer who closes services without a contract! Every contract, according to the teacher, must be signed by both parties. It works like an instruction manual, so don’t skip your reading and check each clause.
As the professor points out, the biggest mistake people make when calling a lawyer is to opt for the cheapest service. The lowest price does not always guarantee the best result. In this sense, Larissa highlights how important it is not only to value the profession, but to invest in qualification so that the best job can be offered.
The lawyer needs to study and take good courses, he must invest in his career and make the best and most complete services available ”, he says.
The main problems between lawyers and clients
Among the points that most generate conflicts between lawyers and clients, Professor Larissa highlights advertising. “Targeted advertising is even prohibited by the code of ethics,” he says. It is one of the most discussed issues today , given the boost of messages through social networks.
The lawyer cannot, under any circumstances, attract clients through advertising. Nor does it target its services to the public as if they were products on sale.
In addition, another very recurring problem is the lack of professional feedback. Many clients suffer during the proceedings for not receiving important and updated information about their cases.
The lawyer needs to provide feedback, either by phone or e-mail, even though through a secretary or interns. The client needs to have this access and the code of ethics itself guarantees this ”, explains Larissa.
Finally, illicit locupletting is another problem that, fortunately, has decreased considerably with the processes accessible on the internet, where the client himself can access the websites of the Courts and check the progress of his case. This form of misappropriation occurs when the lawyer, who is empowered to receive amounts on behalf of the client, does not pass it on properly.
How do you know if the customer has been injured?
It is an easy question to identify. According to the professor, if it is the case of a judicial demand, the client can follow the progress of the process in the Court. This way, he can know if the sentence was appealed, if he was tried or if he returned to the Court of Origin for payment.
The ideal is that, regardless of the cause, the client constantly asks for information and keeps up to date even with the office secretary.
A tip is: observe, seek information from your lawyer and always try to validate and confirm the answers ”, he explains.
If any error is found, whether it was made on purpose or not, the client can seek the OAB of his city with all the documentation of the process in hand and request the representation of this lawyer, who will be judged by the Court of Ethics and Discipline. In such cases, the professional can receive from a simple warning to his exclusion from the legal staff.
That is why it is extremely important to keep all the process paperwork, originals and copies, from the contract, through payments and decisions. When there is a crime of misappropriation, for example, the client can resort to regional OAB and demand that their rights are fully fulfilled.
Know your rights and get a lot of information before closing a contract. Remember that the law needs to have ethics and discipline as pillars, points that must be prioritized when hiring a good lawyer.
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