When you hire me as your lawyer, the first thing you’ll notice is…. I immediately begin to educate you about your case, your circumstances, and your choices. I won’t let you hire me until I am sure you understand what we will be trying to do together and what results we may realistically hope to obtain. You are my client but you are also my partner and my boss. I am hired to exercise my skills and judgment, but still you’re the one who hired me. That is why I bring you to a position where you understand the legal aspects of the assignment and can follow me (and make decisions with me) as we proceed.
Understanding what you want, what you need. Throughout the process, I am constantly trying to clarify and understand what you want and need. In other words, communication is a two-way street. Many lawyers seek to do the best they can simply from a pre-determined legal perspective. But those lawyers rarely please clients because those same clients never feel understood .
This is partly true since many attorneys believe that client’s expectations are either unrealistic , unobtainable, or both. In my experience, I make certain that the client and I share realistic expectations about outcome and keep measuring those expectations against costs. I would never advise spending money foolishly, and I don’t want my clients to do so either. Sometimes this prevents me from charging the exorbitant legal fees of other lawyers, but again, my first responsibility is to “keep the customer satisfied.” High legal fees never guarantee how successful your lawyer is or how positive the outcome that’s generated.
I am a lawyer because I’ve always been that guy ready to cut a great deal, or ready for a fight. These are two equal sides of my personality. I am also a lawyer because I am a very competitive person; I become extremely focused on my projects, and I am always in it to win it.
I engage and compete in multiple martial arts. These have enabled me to fight competitvely, strategically, and with extreme tenacity. In addition, I’m an award-winning musician and artist. These disciplines are not directly relevant to my study of law, but they built a degree of integrity and action that allows my legal skills to remain continuously sharp and extremely focused.
I am also a lawyer because I was raised to feel great loyalty towards my customers. I come from a mom and dad that owned their own small businesses (nursery schools and gas stations), and from a very early age I was brought up to respect and appreciate our customers because they provide for our family. The fact that my dad was a child of the depression and a WWII vet also helped shape my attitude about how people should be treated. My sense of client loyalty and obligation drives me to do much more than my peers to ensure a successful outcome.
Everybody has to do something for a living. At its essence, I practice law because it is the best reflection of not only my abilities, but also my values. Everything I do in my life, as diverse as it may seem, is all integral in my legal career.
Regardless of the nature of the assignment (a demand letter, a record deal, an estate plan, a discrimination claim) I always create a master plan. Before the first piece of paper is filed or emailed, before the first call is made, my client and I know and have agreed upon the plan. This is critical.
As the saying goes “Every plan is good until the first shot is fired.” As our plan moves into execution, things inherently evolve and change. The facts may evolve as I learn more, the law may provide complications we couldn’t envision, and most often the other side may be intransigent, uncooperative, or simply malicious.
With over 25 years of legal experience, I’ve found that constant communication is critical to success. Keeping the client “informed and involved” as the work is being done allows critical decisions can be made wisely and together, and most importantly, with greater peace of mind.
Sometimes, I only draft one letter. Other times the plan requires 80 hours of research to oppose an employer regarding wrongful termination. There have been times where I’m drafting a power of attorney agreement as part of an estate plan. Perhaps I’m meeting with five band members to understand what should be contained in a band partnership agreement. Here, the “what” doesn’t matter, it’s the “doing” that counts. Thomas Edison said, “Genius is one percent inspiration, ninety-nine percent perspiration.” As my clients can attest, I work very hard, and with great diligence, on assignments because of my deeply-held opinion that success comes from effort.
My client work concludes when the optimal result is achieved to the extent possible given the facts, circumstances, law, and resources devoted to the cause. It is easy to see this point when the end result is a signed contract, estate plan, or a settled-dispute with cash in hand. But it can be harder to find the end point when an assignment (be it in court or in business) hasn’t gone well, or when good results take inordinate resources to move ahead. In these cases, I work with the client to find an “end point” that makes the most sense.
The Berger Process explains how and why I lawyer as well as the consistent process that drives any assignment. The process is based on being competitive, loyal, and hard-working. It is built upon the notion that the “game is won on the practice field” and that great things are achieved through much effort, and my clients are both boss and partner.
When you think about who should represent you, even if it isn’t me, I strongly encourage you to consider these qualities as you make your decision.
