Your attorney and you are a team. The more efficient and professional you both are, the better the ultimate results achieved. The more you work together, the more you will trust one another. Regardless of the attorney you hired, it would be wise to monitor his/her performance. The more involved you are, the more you will know about you’re the legal implications of your case, and the better your attorney will be able to use you as a resource. Far from resenting you, a good attorney will welcome your questions and your desire to be involved in your case.

So how to form the best team possible? Communicate

To be successful a team needs open and honest communication. Your attorney needs to know all the facts of your case. In turn, you need to listen to your attorney’s recommendations. (S)he knows the law and is there to best advise you how it applies to your case.

However, you should never hesitate to ask questions about his/her recommendations. Your attorney should provide clear explanations, even of muddy legal concepts. If you don’t understand, ask again until you do. Your attorney should also clearly explain the costs and the likely outcomes of each option. Though there are times when you will need to follow your attorney’s advice, early on you should also let him/her know that you want to be involved in your case, and that the final decision will be yours.

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Calling your attorney

Remember that every time you call your attorney, the meter is running. At the beginning of the case, your attorney should have provided you with a tentative schedule of events (if s/he has not done so, ask for and get it). This schedule should act as your roadmap, letting you know when you need to call your attorney and what needs to be discussed. Have a reason for calling. Make that reason clear at the outset of your call. Ask the questions, get the answers, say “thank you”, ask when you should call again, and hang up. Time is money and your attorney will appreciate your professionalism in dealing with him/her.

Each case has periods of inactivity which may last from weeks to months. This is not a time to “badger” your attorney. S/he has other cases to handle and, if there is no activity in your case, a monthly call just to check in should be sufficient.

After each conversation, write an email to your attorney summarizing your understanding of what was said. If options were discussed, summarize these and write clearly the one you have chosen. If your attorney feels you misunderstood what s/he said, s/he will correct you in a follow-up email or perhaps letter.

Despite rumors to the contrary, attorneys are human, make mistakes, and have feelings. Dwelling on the negative and repeatedly criticizing your attorney is counter-productive. Having said that, if you find that your attorney has made a mistake, you need to bring it to his/her attention and obtain assurances that it will not be repeated (if it is, it’s time to think about whether you’ve picked the right attorney).

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The calendar of events

A calendar of events should be prepared by your attorney at the beginning of the case. The dates will be tentative but this should help you understand how your case will proceed through the court. The schedule should also prepare you to make better informed decisions. Consider the calendar a road map where, though the destination remains the same, the road you take to get there may change from time to time. Hence, review your calendar and update your calendar as necessary.

An example of a calendar of events your attorney may generate for your particular case is shown below:

EVENT	TENTATIVE DATE	PARTY	YOUR INVOLVEMENT
Demand letter forwarded to defendant	5/5	Plaintiff	Review letter
Complaint filed	7/15	Plaintiff	Review complaint
Answer	8/15	Defendant	N/A
Court hearing to set discovery calendar	8/22	Plaintiff-Defendant	N/A
Court’s status call	9/15	Plaintiff-Defendant	N/A
Interrogatories and document production sent to defendant	10/10	Plaintiff	Review requests
Receive interrogatories & document production from defendant	11/20	Defendant	Review requests
Court’s status call	12/5	Plaintiff-Defendant	N/A
Prepare answers	12/20-22	Plaintiff	Meeting with me
Preparing for your deposition	1/5-6	Plaintiff	Meeting with me
Plaintiff’s deposition	1/10	Defendant	Present at the deposition
Defendant’s deposition	1/17	Plaintiff	N/A
Defendant answers interrogatories and document production	2/10	Defendant	Review documents and answers
Court’s status call	2/15	Plaintiff-Defendant	N/A
Plaintiff answers interrogatories	3/20	Plaintiff	Review answers and documents
Deposition of Plaintiff’s expert	5/12	Defendant	N/A
Court’s status call	5/15	Plaintiff-Defendant	N/A
Deposition of Defendant’s expert	6/15	Plaintiff	N/A
Plaintiff’s request for admissions	8/22	Plaintiff	N/A
Defendant’s request for admission	8/25	Defendant	N/A
Meeting to discuss settlement	9/2	Plaintiff	Meet with me
Settlement conference	9/12	Plaintiff-Defendant	N/A
Final preparation for trial	2/10	Plaintiff	Meet with me
Pretrial hearing	3/5	Plaintiff-Defendant	N/A
Trial	3/12-16	Plaintiff-Defendant	Be in court

Each case is unique and will have a variety of events and dates different from the sample calendar above. It is likely that dates will change frequently as individuals are unavailable for depositions, opposing attorney is unavailable on certain dates, the cat gets sick, etc. Delays are typical in court. Nevertheless, it is important that your attorney be thorough and as realistic as possible when drafting the calendar for your case.

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Reviewing the pleadings

Your attorney should always submit a copy of whatever pleading (i.e., complaint, answer, motion, etc.) s/he plans to file with the court prior to doing so. Just in case, make sure (s)he understands that you wish to do so. In fact, you may want to insert that clause in your contract. If you don’t understand something, pick up the phone and call your attorney for a clear explanation.

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Reviewing the file

You have a right, if not a duty, to review the file at any time and you should do so on a regular basis.  Make sure to ask your attorney whether the file is complete and up-to-date.  The status of the file (i.e., clean and orderly or disorderly) will give you a clue as to your attorney’s work practices and may indicate you should keep a close eye on the proceedings.  Take notes as you review the file (i.e., name and date of the documents) and compare them on each visit.  Then go to the court and compare with the Clerk’s file.  Just go to the courthouse and find the Clerk of the Court’s office.  Go up to the counter and ask for you file by name, though some courts will require the case number which you will get from a review of your attorney’s file.  Don’t expect to find each of the documents in your attorney’s file, however.  Letters, memos, discovery documents and others will not be in the clerk’s file.  However, a review of the file should confirm what your attorney has told you.

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Depositions and hearings

If you can take time off from work, it is a wise idea to attend all depositions and hearings. This shows all parties that you take the matter seriously. More importantly, it will give an “insider’s” perspective of the case. In the long run, you will save money as you will need less time with your attorney to be brought up to date and discuss the options available to you

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