Qualifications
The "practice of law" is loosely defined
as ministering to the legal needs of another person by the application
of legal principles and knowledge by a person trained in the law. By
this definition however, a paralegal or even a secretary who has
knowledge of the laws, who has been "trained" by the sheer fact of
having been employed for a period of time in a law firm, is considered
engaged in the practice of law. When finding a lawyer therefore, look
for a "qualified" lawyer. Meaning, be sure that your lawyer has
successfully completed his law course, has successfully passed the bar
examinations and is licensed to practice in the very jurisdiction where
a particular legal relief is asked for. When facing a legal dispute,
the last thing you need is a bogus lawyer. It is perfectly ethical to
ask for a lawyer license before you even begin to share your innermost
secrets with them. Normally though, they would hang their
certifications on the wall.
Expertise
Every
qualified lawyer has his own expertise. He may be an expert in any one
of the following categories of law: international law, labor law, civil
law, taxation law, litigation, or criminal law. These are the major
categories. Thus, you may hear of a litigation lawyer or an immigration
lawyer. Note however, that lawyers' specializations are "acquired"
through experience, not simply because they think they are great at it.
Personal Qualities
This
is one aspect of lawyering where a young, inexperienced lawyer can
actually get ahead of an experienced one. Young lawyers are usually
vibrant, supportive and sympathetic. They tend to treat their clients
like their babies. They take care of every little detail, even the
unimportant ones. But this exactly is how paying clients want to be
treated. Clients tend to feel that they are getting their money's worth
with the kind of attention they are getting.
The personal
qualities to look for in a lawyer depend greatly on the kind of client
you are. If you are the no-nonsense type, you may prefer to hire an
older, retirable lawyer. These types of lawyer are less interested in
what you have to say. Sometimes, they are not even interested in what
they have to say. Lawyering has become a routine for them, much like
brushing their teeth in the morning. But their experience is
impeccable. Their strategies are tried and tested so your chance at
winning your case is considerably high if you get them.
Credibility
The
credibility of a lawyer may be seen in several contexts. It can mean
lack of a bad reputation. It can be built on charisma coupled with
referrals from past satisfied clients. It can be destroyed by the
lawyer himself, as when he gives a legal advice and overturns his own
legal opinion without cushioning the effects. To be sure, no lawyer can
ever get clients if he is not believable and trustworthy.
Availability
So
you now have a qualified, expert and credible lawyer having the
personal qualities you look for. The next thing to consider is whether
that lawyer is available to attend to your problem. More often than
not, your lawyer will say that he is willing, able and happy to assist
you. Behold, he said the same thing to several others this morning, and
last week, and the week before that. The point is, a lawyer can only do
so much. He can't be attending hearings all at the same time. He would
probably resort to cancelling or rescheduling hearings and important
meetings to make ends meet. If your chosen lawyer has a law firm, there
will certainly be other lawyers who can attend to you in case he is not
available. You will find this acceptable but not until your case has
been reassigned from one hand to another.
Professionalism
Having
a "professional" lawyer is so much different from a having a lawyer who
managed to "appear" professional. They say that lawyering is 80%
representation. The representation begins when you first meet your
client. A lawyer would normally give you the "lawyer look"--- wears a
suit, clean-cut, drives a black luxury car, and brings a suit case.
This, however, is not what defines professionalism. Professionalism
means that your lawyer does attend to your needs, makes his research,
beats the deadlines, and returns your phone calls. So do not be fooled
by the lawyer-look alone. It would be great if your lawyer can pull it
off with the lawyer look and the genuine professionalism though.