The question in the title of this post is one I think about a lot. I have also discussed some aspects of this topic previously here at Musings. As 2022 winds down and we head into 2023, my thoughts have landed back on how I as a construction lawyer can help my clients and how my construction industry clients can help me to be more effective. This post will focus on the latter aspect of the representation process.
The first key aspect to helping your construction counsel more effectively assist you with any aspect of your construction business is to communicate. Attorneys are only as good as the information that we have. Always remember that while you as the contractor lived the project about which you called your attorney, that attorney is just hearing about it for the first time. Construction lawyers spend a lot of time playing catch-up and trying to get familiar with all aspects (good and bad) of your claim or issue. Do not assume that even the most knowledgeable construction attorney can anticipate how the evidence and facts will come out over the course of a representation. Attorneys apply law to facts, it is up to the client to give the attorney the initial facts.
Another aspect is to tell your attorney more than you think that he or she needs to know. You have attorney-client privilege for a reason. Just because you tell your attorney something that you may think hurts your case does not mean that construction counsel can or will discuss that potentially negative aspect of your matter with others. Knowing the bad stuff only helps your attorney help you. Forewarned is forearmed. Also, that small detail that you may think doesn’t matter (and frankly in a lawyer-free world would not), could be the key to your case. You’ve hired an attorney to look at your construction claim because he or she has the expertise you do not, Give him or her all of the facts, no matter how small, and let your lawyer separate the irrelevant from the relevant. You wouldn’t want me to wire a warehouse, I just don’t have the experience to do so. By the same token, you should let your lawyer ply his or her craft and use his or her expertise on your claim or contract.
Finally in this non-exhaustive list, once you’ve hired an attorney, and particularly when others related to your claim have attorneys, let your construction lawyer do their job. Communicate any thoughts to your attorney and let that attorney communicate those to others. If you have a settlement offer, pass it along through your attorney. That attorney will likely pass it on in an effective manner and in a way that does not cause potential issues down the road. I have told many a client that attorneys are very good at taking statements and “packaging” them in a way that helps their client best and works against others as well. Further, it causes confusion and possible mixed messages when one of my construction clients begins discussions with other parties without my involvement. One point of contact is always better.
To wrap this up, keep in mind that you hired an experienced construction attorney for his or her expertise. The tips above will certainly help you take advantage of that expertise in the best possible way.
As always, I welcome your comments below. Please subscribe to keep up with this and other Construction Law Musings.
