In our capacity as criminal, DUI, and driver’s license restoration attorneys, it’s not unusual for us to be contacted by people who already have a lawyer and either want a second opinion, or are interested in hiring a different attorney. In this article, I want to take a short but serious look at how to tell if someone’s dissatisfaction with their lawyer is based on simply having picked the wrong attorney, or because the client has gone in with unreasonable expectations.
When a client’s expectations seem unreasonable, it raises questions about whether or not they were too high to begin with, or if the lawyer (as some do) helped create, or otherwise encouraged them. Part of being a good lawyer is to properly educate the client in order to manage their expectations. This is far different than merely exploiting them, and every lawyer with any experience knows that potential clients often hope for things that are simply impossible or unrealistic. The best example of this is when people want their whole case dismissed, and their legal reasoning in support of that is that they just “can’t have” a conviction go on their record.
While there is money to be made by lawyers who make it seem like they can just make everything go away, it is also inexcusably wrong (and just plain immoral) to allow someone to falsely believe that is a likely outcome. In other words, this is a 2-way street: on the one hand, it is essentially a given that clients will be hopeful that all the charges can be dismissed. On the other hand, it is also a given that a lawyer should know this, and instead of trying to “play” to it by encouraging false beliefs, should make sure the client’s concerns and expectations are addressed honestly.