In my national survey of lawyers, lawyers report that clients often have unrealistic expectations or misperceptions about “what lawyers can do and what they can actually accomplish for their client.” In general, the attorneys who responded to the survey felt that too many, perhaps too many, clients expected their attorney to be able to resolve no problem at minimal cost in a short period of time. This is because the attorney should not have to research the law or prepare for hearings, as he or she should already “know” the law and have the appropriate experience. Clients expect “fairness” from the lawyer and the legal system because for them what is “fair” must replace what is “legal.”
Clients don’t seem to understand that while a lawyer can do everything right and get the right result for the client, the lawyer can also do everything right and still not get the result the client wants. Some clients may also think that if the lawyer really wants to fix a case, they can. It’s just a matter of choice, willpower, and pay.
Too often, clients think that if they just pay lawyers enough, they can make their problem go away. Clients tend to think that lawyers win all the time. But, at the same time, they see lawyers as good as their last win. Also, if the lawyer was unsuccessful, it was his fault. Whenever lawyers explain that what clients want done is not possible, clients will invariably not believe them. Instead, they go to someone else who will tell them what they want to hear, collect the fee, and then won’t deliver because they can’t.
Because an attorney works in a special area that deals with a government agency, clients may feel that the attorney somehow has some control or influence over the operation of that agency with respect to the client. Lawyers who have worked with tax disputes, for example, have found that their clients think that their lawyer can influence the IRS regarding the pursuit of collections. That they can talk to judges and officials to make it work. Worse yet, some hope that a dismissal in a criminal case can simply be bought or fixed.
Customers believe that having a superhero and a vicious fighter in their corner istea answer to your legal problems. This is because it doesn’t matter what the client has done; the attorney will do whatever it takes, including lying for them, to get them what they want.
Unfortunately, some clients want “fairness,” apologetic behavior from others, and concessions that they can’t get. Lawyers cannot get the abstract “justice” they want. They cannot control the other side’s tactics or force the other side to tell the truth (ie, agree with the client’s version of the story). They cannot make the client’s adversaries know or admit that they were wrong. Just because a client wants something does not mean that a lawyer can provide it.
Many people think that a case can be easily won without any personal effort on their part. They are also frustrated by the court system, as they do not understand that a lawyer must work within the framework of the law and court rules. Clients often don’t see that judges don’t always perceive things the way the client and the lawyer do (the same is true of jurors when they are involved), regardless of how well the lawyer handled the case.
Lawyers need to educate their prospects on the realities of consulting, hiring, and working with a lawyer. These issues will be discussed in other attorney survey reports.