Independence and objectivity are the point!

One of the more challenging aspects of a lawyer's role in advising their clients is to remain objective, yet precisely this trait is amongst the most valuable parts of a lawyer's service.

When an attorney is asked to advise a client they must assess the facts presented to them, determine the relevant legal principles, and interpret, apply, test and explain the interaction between the law and the circumstances. Whether you are drafting a contract, preparing particulars of claim for civil litigation or assessing a possible defence for a criminal case, this process takes place.

It is fundamental that your lawyer is able to assess the matter objectively. They must stand back from the emotions, personalities, and historical issues. This may result in you being told things you do not wish to hear. You may be told that it is not sensible to include a certain clause in a contract, you might be advised to settle rather than defend a claim, or you might be advised not to pursue a claim despite feeling that you were hard done by.

This does not mean that lawyers do not have empathy for your position. It just means that they are doing what you are hiring them for, which is considering what is in your best interest without getting sidetracked or influenced by the emotional turmoil you are experiencing. Since we all have done or said things in anger or spite from time to time, we know the value of having someone who can step back from the emotions and tell us what is really the best thing to do.

A different way to look at the same principle is for the attorney to place themselves in the shoes of the other side, or in the position of a judge or magistrate who has to decide on a case. This does not mean that your attorney is taking the other party's side, it means that they are preparing to be in a position to successfully deal with whatever counter argument can and will possibly be made against your case. It is remarkable how, when you look at a matter in this way your initial perception of a situation can change. This is also part of an attorney's role as an Officer of the Court.

So, when you next find yourself on the verge of changing lawyers because you are not happy with their advice, take a moment to consider what they have said. Is the advice itself is not up to standard or is it that they are giving you advice that you would rather not hear? It might be precisely in that moment that you appreciate the value of the advice and realize that they really are looking after your best interests.

Give us a call if you need some legal help.

From the team
MA Cooper Attorneys
With Energy and Experience, giving you Expression