Legal-Ease: Approaching A Lawyer

This brings up another point that you should remember: lawyer-client confidentiality. The only equivalent levels of confidentiality are husband and wife or doctor and patient. Lawyers cannot be subpoenaed to tell what clients talk to them about, unless it involves a criminal act. It is a fiduciary relationship, meaning that the lawyer is obligated to work in your best interests. Don't be afraid to ask any questions you have upfront (financial or otherwise), or later on as they occur to you. Although lawyers may sometimes make you feel like you're working for them and you do what they say, the reality is that they're working for you. You do the hiring and firing.

Rule of thumb: if anyone asks you to sign anything except an autograph, consult a lawyer. Remember, "right now" still means "tomorrow morning." There's no excuse for you not to be able to talk to somebody before signing and feeling comfortable.

The best situation is when the client (you) is in no hurry, because the strongest negotiating position is to be able to say, "I don't need this deal." The most dangerous situation is when you are desperate for the deal. According to Collins, the problem is later, when you do the deal against the lawyer's advice because the lawyer doesn't like various aspects of the deal but has to agree to it to get the deal done. A few months down the road, you may say, "This isn't a very good deal. You shouldn't have let me do that." Remember, in truth, the lawyer can only advise. It is the client who makes the final decision by signing. The client who is blinded by someone's interest in him or her may not hear the lawyer say, "don't do it." It's a delicate balance, especially when the deal does not seem to be advantageous from a legal point of view, but appears to the client to be the only deal in town. This is when the lawyer-client relationship matters: you need to know who you are (in terms of where you stand on an offer), and you have to be comfortable with your lawyer. If the lawyer says back off the deal, it helps to have a certain amount of trust. As Collins said, "do you want me to do it fast, or do you want me to do it right?" It's partly trust, but it's also partly your own confidence

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