What Lawyers Are For
A little old lady came into my office for a new will. As we began our interview, she told me that she could not stand lawyers, that she hated the entire breed. I asked her how many lawyers she had actually met. “You’re my first one,” she said.
There is no group that is as hated, mocked, and feared as the legal profession. Lawyers have the reputation of being dishonest, calculating, manipulative, troublesome, cold, ruthless, slimy, bottom-feeding, greedy vultures that prey on the misfortunes of their clients. What do we need lawyers for, anyway? How has such a despicable profession survived and thrived?
Lawyers play three key roles in our society that make them not just valuable, but indispensable. Without the attorney as advocate, counselor, and guide, the myriad transactions of daily life would break down. Without a steady application of the rule of law, society itself would literally dis-integrate.
The Advocate
This is the role that people think of first. It is the courtroom lawyer whose exploits appear on television. Some disputes are so serious that they simply cannot be resolved by the parties themselves. A small check, a handshake, or a quick fistfight will not suffice. The intervention of a court is required to address the matter, and that usually requires the specialized fighting skills of a lawyer.
These experienced advocates are able to recognize the most serious cases, the most difficult disputes. They can give you an honest and accurate view of the value of your case and the likelihood of success. Perhaps their most valuable function is sending the losers home before they invest their lives and fortunes in a lost cause.
The same advocates know when to settle cases. They make peace. They literally manufacture it out of the weaknesses and strengths of each individual case, and largely over their own clients’ objections. Without them we would descend into mayhem.
The Counselor
The other day I did something completely out of character. I screamed at a client on the phone. Well, perhaps “screamed” is the wrong word, but my voice changed registers. And my neighbors down the hall could probably hear me clearly through two closed doors.
Do my clients pay me by the hour to yell at them? Sometimes they do. In this particular case, the client proposed to do an inadvisable thing with a million dollars. The client was eager to close the deal, and did not see how one of the concessions would work against the client’s own interests. From my more objective vantage point, I could see the danger.
This may be the most valuable role that the attorney plays. The attorney is an objective third party, able to see the strengths and weaknesses of the client’s situation from the outside. The counselor is able to see the forest and not just the trees. Sometimes the client just wants to know if he or she is doing something stupid. A good attorney can answer that question in the affirmative without losing the client.
The Guide
Crainiac Jody Gouge is fond of saying that people don’t know what they don’t know. It is difficult to avoid legal trouble if you never considered that there might be a problem. One of the best ways to learn the problem areas is to ask an expert. When a client first endeavors to buy a business or write a will, just a few hours with an experienced lawyer can save the client a world of trouble and a lot of money.
This is certainly the bread and butter of tax lawyers. The tax laws are so complex that the Treasury Secretary himself cannot follow them without expert help. Sometimes a few simple changes to a document or a deal can make all the difference to the client and the client’s pocketbook. The best lawyers can show the client the way through the minefield.
The Invitation
Without the lawyers, the world would be a much more difficult place to negotiate on your own. If you or your clients need an advocate, a counselor, or a guide, please give me a call.
J. Kevin Crain
CRAIN LAW FIRM, LLC
636-G Long Point Road #95
Mt. Pleasant, SC 29464
Phone (843) 735-7602
Fax (843) 735-7002
Email kevin@kevincrain.com
IRS Circular 230 Notice
To ensure compliance with requirements imposed by the IRS, please note that any Federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.