Here’s a common story I’ve heard several hundred times over the past 25 years.

The client passionately explains their legal problem in the most animated terms possible, rails about the injustice of their situation, blames everyone under the sun for their misfortune, and then hangs on the edge of their chair in anticipation – waiting for me to deliver an immediate, ironclad, and painless resolution to their problem.

Sadly, they’ve never once considered the most important legal issue that applied to their case.

So here’s the single best recommendation I could ever provide to a client about how to resolve their legal problem:

Focus on the legal standard that will be applied to your situation.

Think about it. The law is a system of standards and precedents. Unless you understand the legal standard that will be applied to a specific factual situation, it is very difficult to determine how your case will be resolved. Without focusing on the legal standard, it is almost impossible to formulate a sound strategy for achieving your desired outcome.

Here are several examples of common legal standards:

First, a city code enforcement ordinance specifies minimum maintenance requirements (legal standards) that could trigger a violation notice and ultimately a monetary fine.

Second, a contract defines the terms and obligations (legal standards) that will govern the relationship between the parties to the contract.

Third, the terms of a promissory note determine who, when, how, and in what manner a loan is repaid.

Fourth, a mortgage contains payment provisions (legal standards) that must be met in order for the homeowner to keep the mortgage current, avoid default, and prevent the bank from seeking foreclosure.

During an initial consultation, an attorney must separate the relevant from the irrelevant. To do so, the attorney should address – and the client should anticipate – five specific questions:

1. Who are the relevant parties and what is the factual situation?

2. What is the appropriate legal standard?

3. What resolution is the client seeking?

4. How can the client’s desired resolution be reached?

5. What will be the anticipated cost of the legal services to achieve the desired resolution? (Note: All clients want to control the cost of legal fees, so this is always an important question).

During your consultation, the attorney will inevitably pay special attention to the second question (appropriate legal standard) and provide advice designed to explain how the law applies to your factual situation. In order to formulate an effective strategy for resolving a legal problem, the attorney needs to help the client narrow the issues, place emphasis on the relevant facts, apply the appropriate legal standard(s), consider the range of available options, and discuss how the desired outcome can be achieved.

Let me make one final observation. Ideally, the most prepared and proactive clients will consult an attorney before the problem ever arises to learn the appropriate legal standard. The attorney is then able to brief the client on the standard and the action necessary to comply with the law while avoiding potential pitfalls.

In the long run, your focus on the applicable legal standard could help you avoid messy legal problems and save a fortune in legal fees.

Fred Reilly is an attorney licensed to practice in California, Florida, and as an English Solicitor.

To download your free copy of \”12 Website Legal Issues for Small Businesses and Entrepreneurs\” click on Get Free Website Legal Issues eBooklet.

Fred Reilly is an attorney licensed to practice in California, Florida, and as an English Solicitor.
To download your free copy of \”12 Website Legal Issues for Small Businesses and Entrepreneurs\” visit http://www.attorney-solicitor.com

Author Bio: Fred Reilly is an attorney licensed to practice in California, Florida, and as an English Solicitor.

To download your free copy of \”12 Website Legal Issues for Small Businesses and Entrepreneurs\” click on Get Free Website Legal Issues eBooklet.

Category: Legal
Keywords: best legal advice, free legal advice