Who’s Afraid of the Big Bad Lawyer?

Lawyers can certainly huff and puff a great deal, but contrary to what you might have heard about them they won’t blow your house down. Unlike the Big Bad Wolf of the nursery rhyme, who comes after the Three Little Pigs and gobbles up the first two who made their homes from straw and sticks, the average lawyer only wants to help you build a house of bricks, not flatten it.

The common misconception that lawyers are untrustworthy scoundrels only out to fleece you of money and waste your time probably originated from a few bad experiences which were most likely just as much the fault of the client as the lawyer. Lawyers are only needed when things go wrong (or to prevent them going wrong in the first place), in which case the stakes are usually high for someone and the matter often complex. This can place quite a strain on the relationship between client and lawyer, which may be why it sometimes turns sour. The secret to keeping it sweet is to put as much into the engagement as you hope to get out of it. Your lawyer is there to work for you, and you’ll only get the most out of them if you go into it with a positive attitude.

The keys to the successful engagement of a legal representative are communication and understanding. For the relationship to work for you the lawyer has to be able to communicate their advice to you sufficiently for you to understand them. This is not so easy when there is a large gulf in legal knowledge between you and your lawyer. What is obvious to them may not be so to you, and it can be tricky sometimes for a lawyer to appreciate how little their client actually knows. This can lead to the unfortunate omission of very basic advice, which can result in very large gaps in understanding. The more inexperienced the lawyer, the more likely this is to happen.

Therefore, the first tip is to speak out when you don’t get it. You need to ask questions, and not be afraid to say you don’t understand. There is no shame in expressing that, because in all likelihood the matter has not been explained to you properly – and by properly I mean in a way you do understand. A lengthy email setting out complex legal options might be entirely correct, but it’s worthless if you find yourself ill-equipped to make a decision.

Any legal situation can be explained in two very different ways, and the second tip is to make sure you get the kind of advice you actually want. The first way is the strictly legal way, which is purely theoretical. The law works like a machine which determines the outcome in any particular situation. For example, if a buyer doesn’t pay for the goods you supplied under a sales contract, then the law says they are in breach of contract and must pay. However, the law is an intangible fiction which doesn’t exist in the real world. An understanding of the law achieves nothing but itself, in the same way that understanding the rules of football doesn’t win you any football matches. Far too often lawyers will overload their clients with information about the law, which achieves nothing more than establishing the stage on which the play is to be performed. Lawyers have a tendency to explain things this way because it’s the principal way they see the world, but also because they want to cover their arse. If they gave you a full legal explanation then they can’t be accused of negligence.

The second, and usually far more relevant way a legal situation can be explained, is by reference to the people or businesses involved, and their motivation and likely actions in the situation in question. Only when the law is applied in this way can you begin to understand what it means for you, and how you can use it to achieve your goal. A good lawyer will therefore establish the legal situation and set out your practical options in easily digestible form, including the advantages and disadvantages of each. These options should always include the extremes, from doing nothing to launching a full legal attack. Doing nothing should always be an option, not least because it is usually the cheapest choice. Full legal attack is always an option, but it usually relies on too great an emphasis on the law, and not enough on the commercial reality. The law might say you are in the right, but that does not mean you should just go ahead and sue. There might be better ways to resolve a situation.

Therefore, if you don’t think you are getting the right kind of advice from your lawyer then you need to discuss it with them and set out what you do want. You are putting the money in the meter, so you want the process to be as useful to you as possible. Don’t accept confusing or woolly advice.

Whilst I am sure most lawyers want to tell you what to do, that isn’t actually their job. My third tip is to be prepared to make decisions on the basis of the advice you’ve been given, and do your best to do so in plenty of time. There is nothing worse for a lawyer than a client who can’t, or won’t, provide instructions, or leaves it very late in the day to do so. As a client you play an active role in the process, and your role is to be decision maker. Follow the second tip and ensure you get the advice you want, so you can then follow the third tip and actively make decisions.

The final tip is to have a laser focus on the outcome you want, and to make your decisions so you achieve it in the best way possible. Your lawyer should lay out your various options, and highlight the one most likely in their opinion to lead to a positive outcome. You should consider all the options, but heed the advice, before making your decision. If you play your role, actively participate in the process, and always provide clear and timely instructions, then you will get the most out of your lawyer, and hopefully the end result you are looking for.

Jerry Bridge-Butler is a UK Chartered Patent Attorney and a European Patent Attorney, as well as a UK Chartered Trade Mark Attorney.

A graduate of the University of Wales, Jerry joined G. F. Redfern & Co in 2000, becoming a partner there in 2006. He then joined Baron Warren Redfern as a partner in 2008. His patent work is mainly in the field of mechanical engineering and electronics, and his trade mark work includes prosecuting UK and international applications, and protecting the trade mark portfolios of a number of well known brands. He is responsible for dealing with new client enquiries at Baron Warren Redfern, and has in-depth experience in IP protection strategies for start-up companies in particular. Jerry is a member of both CIPA and CITMA, and is Chairman of the CIPA Media and PR Committee. He has assisted the UK IPO with developing various business outreach tools, such as IP Equip and IP Tutor, and manages CIPA’s IP diligence and pro bono work for the Earthshot Prize.