The Lawyer’s Client Manifesto
找上律师前,你需要注意的地方
You have wants. You have needs. Focus on the needs first. Wants are bonus.
你有「想要」的。你有「必要」的。专注在你必要之处。想要的部分是额外的。
If you are seeing a lawyer because your dispute is “not about the money, but about the principle of the thing” don’t be surprised if your lawyer runs away. You can never be satisfied. Also, it’s really about the money.
当你因为「无关乎金钱,而在于事情的原则问题」的争议而找上律师时,不要惊讶他们随时逃离。因为他们永远不会令你满足。事实上,这真的就是「金钱」问题。
Your case/matter is the most important thing happening to you right now. It is not the most important thing happening to your lawyer right now. It may not even be in his top ten.
你的案例对你而言是非常重要的,但对于你的律师而言,这不是最重要的事情,甚至他根本没有把这件事列在最紧急的前十名内。
If you think your lawyer is trying to kill your deal, remember this: though there may only be a “one percent” chance your deal will go bad, your lawyer sees that “one percent” over and over again. She’s looking out for you. She cares about you and your business. She also doesn’t want her malpractice premiums to go up.
如果你认为你的律师试着毁掉你与他的协议时,请记住这点:即使仅有 1% 的机会使你的协议变坏,你的律师也会一而再,再而三的重视这 1%。他会设法得到你这笔生意。他在乎你和你的生意。他也不想要因此增加他的误诊保费。
You want to buy results, not time. Most lawyers sell time, not results. Make sure you both understand the difference before your first bill arrives. You will certainly understand the difference after.
你想要的是结果,不是时间。但大多数的律师都是在卖「时间」,而不是「结果」。确定在你第一份账单寄来前,都了解这些差异。不然,你也会在账单寄来后才了解。
If you want to find a lawyer who sells results, look hard. There are a few of them out there. They are the ones who can still smile because they get to see their children before 9:00 at night.
如果你想找出哪个律师是在卖「结果」的,那么这些人很少还待在律师界。他们是唯一还能保持微笑的律师,因为他们要在晚上 9 点前回家陪他们的小孩。
Big firm lawyers are not more efficient. Or smarter. Or cheaper. They are certainly not cheaper.
大公司的律师并不会比较有效率,不会比较聪明,也不会比较便宜。但他们确定是不会比较便宜就是了。
Make sure your lawyer understands your business. If your lawyer doesn’t understand your business, find out if he’s going to learn about it on his time, or yours.
确定你的律师了解你这笔生意。如果你的律师不了解这笔生意,请找出他能够挖出的时间来了解,否则浪费时间的是你。
You are your lawyer’s boss. You are not her only boss. She has hundreds of other bosses too. Each one of them thinks their matter is more important than yours.
你是你律师的老板,但你不是他唯一的老板。他同时有好几百个老板。每一个老板都会认为他们的事情比你的重要。
How messy is your lawyer’s desk? When they bill you for thirty minutes of “file review,” how much of that time was spent looking for your file?
你律师的桌面有多乱?当他为了开账单给你时,花了30分钟在”浏览档案”时,中间有多少时间只是为了找你的档案?
When you call a lawyer for the first time, how long does it take for him to return your calls? After you hire that lawyer, expect it to take at least three times as long. Same goes for e-mails.
当你第一次打电话给你的律师时,他多久回复你?在你雇用这个律师后,就要准备往后将有 3 倍于这个时间的等待回复。电子邮件也是同样的道理。
Does your lawyer have reputation for being a “bulldog?” That probably means they are an asshole. To everyone.
你的律师对于做一只牛头犬为荣吗?那可能表示他是一个混蛋。对每一个人而言都是如此。
Look for a lawyer with a technology IQ no more than fifty points less than yours. If you live in e-mail and your lawyer doesn’t, learn to like your mail carrier.
请找一个科技智商不要低于你 15 分以上的律师。如果你活在电子邮件时代,而他还在旧邮桶时代,你也只好学习爱上你家的邮件投递箱。
If you hate your lawyer, fire him. He probably deserves it, and you aren’t getting his best work anyway.
如果你讨厌你的律师,休了他吧。可能这是他应得的,反正你这个案例不会是他最好的表现之一。
You wouldn’t automatically marry the first person you date, so don’t automatically hire the first lawyer you see. A great lawyer-client relationship can last a lifetime. Your lawyer can be your advisor, counselor, confidant, and friend. Find one you like, stick with him or her, and spread the word. Oh, and stop telling lawyer jokes. They aren’t really that funny.
你不会自动与第一个约会的人结婚,你也不会雇用第一个遇见的律师。一个好的律师与委托人关系,是可以持续一辈子的。你的律师可以成为你的顾问、参事、知己和朋友。找一个你所喜欢的,然后黏着他,并且打开话闸子。喔!不要跟他讲笑话。他们不是真的这么风趣。
会员登录关闭
注册会员关闭