house or
making a will, lawyers seem to be a
requirement during good times and bad
times alike. In this litigious
society of ours, people joke about
lawyers being a necessary evil which
most people have to put up with. Lawyer
jokes have made many a golfer laugh.
But as my grandma used to say “todos
llaman a Santa Barbara cuando truena”
(everyone calls on St. Barbara when it
thunders). When we have a need, we
really need them. It’s not funny then.
In those cases, lawyers can indeed help
us avoid being stricken by lightning. In
our desperation, we tend to put good
judgment aside and rush to the first
name a friend at a cocktail party gives
us. Everything we have been trained to
do as a red-blooded American consumer is
tossed out the window (make sure you get
quality, a good price, etc.)
Selecting a counselor should not be a
headache. Neither should being
represented by one. In over two decades
of practice, I have seen, like anything
else, good and bad. I want you always to
remember that a lawyer serves you. You
don’t serve the lawyer; you are not
doing him or her favor. You are the
client, and you deserve to be treated
with respect, be billed fairly and
honestly, and have your phone calls and
emails responded to in a timely manner.
In the Latino culture, we see lawyers as
demi-gods whose wisdom seems to come
from above. In Latin America, we even
give them titles before we even dare
mention their names: “Doctor” “Licenciado”.
And of course, the titles carry so much
reverence that it’s normal for them to
think they are deities. Many believe
they are!
But here in America, we are the client,
and we pay for the service, so we are
the ones who should be given the title
“Seņor o Seņora cliente.” All kidding
aside, before choosing a lawyer, do your
research. Get some names from the local
bar association, the lawyer organization
that serves the public. Depending on the
case, ask people who work with lawyers
every day. A divorce? Step into the
clerk’s office at the courthouse: those
clerks know a great deal. Even in
municipal court, ask people around.
Spend some time watching—most courtrooms
are open to the public. Research their
names on the internet; find out if they
have had adversaries and call those
adversaries for a reference. Find out the
names and telephone numbers of retired
judges (from the bar association) and
call them—they won’t bite. Many of them
know where those legal jewels are
because they saw them in action. You
will be surprised how much knowledge you
can gather. It’s worth it, believe me.
The price for not being careful could
mean no one responding to your calls,
receiving a large bill and not properly
representing you, all of it coupled with
arrogant, condescending treatment.
Fortunately, there are many
conscientious, responsible, competent,
respectful, ethical and responsive
lawyers out there. You just have to find
them.
Once you hire a good lawyer, listen to
the advice and weigh it; compare it to
your own. Don’t do what Cesar Milan’s
(‘the Dog Whisperer’) patients do: roll
over. Don’t get mad at the lawyer for
giving you advice. As I know from
grandma, advice is like medicine—you
don’t like how it tastes, but you have
to swallow it for your own good. But
that is exactly the point: you want
someone to counsel you, give you honest
advice, guide you through shark infested
waters (sorry I could not resist the
“shark” pun) and take you to the best
arriving destination. The point is you
are paying to get that very service. So
be demanding in a reasonable way; expect
the best service and value, consider and
think about the advice you are paying
for; don’t hesitate to fire the lawyer
who is not serving you—your gut will
tell you.
It’s all about service, and unlike those
good looking Armani suits boys and girls
in the legal TV shows, in the real
world, you are the one who needs to look
good, not them.
View all of
Daniel's Blog
Daniel
Guadalupe's Bio
Daniel
R. Guadalupe is a co-founder of
PRIMER and a partner at the growing
regional law firm of Norris,
McLaughlin & Marcus, a 110-lawyer
commercial firm with offices in New
Jersey and New York City. He has
practiced law for 21 years and is a
graduate of Columbia College and the
University of Pennsylvania Law
School.
Dan represents
clients in commercial litigation
(business disputes) with a specialty
in construction law, professional
liability, arbitrations, will and
trust litigation and international
disputes. Dan is also a member of
the exclusive roster of
construction/commercial arbitrators
of the American Arbitration
Association. He also has served as
an International Chamber of Commerce
(ICC) Arbitrator, and as Adjunct
Seton Hall Law School Professor.
Dan was President of the Hispanic
Bar Association of NJ in 1991 (an
association of 1,000 Hispanic
lawyers), and the General Counsel of
the Hispanic National Bar
Association (a national association
of 5,000 Hispanic lawyers). He has
served as a member of the Selection
Committee which helped select two
federal Magistrates; member of the
prestigious Lawyers Advisory Group
to the Federal Courts of New Jersey;
member of the Board of Editors of
the legal publication New Jersey
Lawyer; been a legal commentator
on prime time, national television
for MSNBC during the 2000 election
coverage and a special legal
commentator for Channel 47,
Telemundo in New York City.
In ``2004, Dan was reported to be on
the "short list" for appointment as
an Associate Justice of the New
Jersey Supreme Court. In 2006 and
2007, Dan was recognized as a
“Superlawyer” in the Business
Litigation section of New Jersey
Super Lawyers 2006. New Jersey Super
Lawyers are selected based on a
peer-review survey mailed to more
than 35,000 attorneys throughout the
state, a blue-ribbon panel review
process and independent research on
each candidate. Only five percent of
New Jersey attorneys are given this
honor.
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