What’s wrong?
Mr. Doe called me asking for legal advice. His first question was: “Do you charge for your services”? I responded: “No, we don’t charge for legal aid but we will charge if you need legal representation”. Mr. Doe became defensive wanting to know the difference. Instead of explaining the difference, I offered to hear his problem by phone. He insisted on a “personal meeting” to which I agreed.
A few days later I met Mr. Doe to learn about his concerns regarding a Real Estate transaction. Yes, Mr. Doe asked me to “help him in a simple Real Estate transaction”. Well, as you may know by now, a Real Estate Transaction is the most complicated legal field in Israel and not “help” but “representation” is needed.
The Right way:
Mr. Doe could not understand why he had to pay (lawyer’s fees) for that kind of service and I cannot understand why Mr. Doe needs “Free Legal Representation” when purchasing a $ 550,000 apartment.
The only way to purchase Real Estate in Israel is through a lawyer and “free legal aid” does not include this kind of service.
What’s wrong?
Mrs. Smith called asking for help drafting a lawsuit to the Small Claims Court regarding “bad and unfinished work” some guy did on her apartment. Among the sentences she used and the questions she asked were: “Do you do it for free” for which I answered YES. She asked again: “You will not charge” and again I said NO but I will not represent you in the Small Claims Court because lawyers are not allowed in the Small Claims Court.
I also explained to her that she would have a very hard time in the Small Claims Court due to the nature of the case. Not every case (even if the amount is in the range permitted by the court) suits this kind of procedure. It will be hard to explain in this short article the rationale for this. You should trust your lawyer!
Mrs. Smith was now offended: How come I could not represent her in court? Why should she pay higher fees in the regular court? Finally Mrs. Smith told me that she was disappointed in me because I would not represent her. My explanations did not help at all!
The Right way:
Trust your lawyer. He has more experience than you do and he knows the system. In cases where you are claiming damages caused by a professional such as a plumber who did a bad job and caused extensive damages, etc., do not try to convince the Judge with pictures and explanations. You will need more than that – you will need an expert opinion professionally done.
What’s wrong?
That same day Mrs. Brown called me with a similar case. A lawsuit regarding renovations in her house that as she claimed, caused extensive damages of over 40,000 shekels, but she would sue for only 30,000 shekels to be able to use the Small Claims Court (according to the maximum limit amount for that court)!
She asked the same questions adding few interesting lines: “I have lawyers in the family here in Israel – very big lawyers” and “This is a clear cut case”, “The Judge will understand it easily”, “I will win easily”.
If Mrs. Brown had such a “clear cut case” why did she want me to draft a lawsuit? If she has all these “big lawyers” in the family, why does she need ME to do the work? I tried to explain that a court case is never “clear cut” and there is no certainty of the results – ever. I also tried to explain to her that she had no chance in the Small Claims Court. She needed an expert opinion from an appraiser but she would not listen to me. Mrs. Brown knew better.
The Right way:
If your damages are 40,000 shekels, do not compromise for less just because you want to “save lawyer’s or court’s fees”. I don’t remember any case where you sue for 30,000 shekels and are granted the entire amount after the hearing! Not in the small claims court – not if both sides were heard by a judge.
Mrs. Brown was willing to sacrifice 10,000 shekels, take the chances of losing another 10,000 shekels or more and all that to “save” lawyer’s fees that could be at most 20% of the total amount she would be granted if she won the case.
In this kind of case, the Small Claims Court is a certain loss for you! Don’t do it!
What’s wrong?
Mr. Clark called regarding his wife and a possible divorce case. How disappointed he was when I could not agree even for a fee to follow his “commands” and use the children as a weapon! Mr. Clark gave me the famous “client-lawyer speech” telling me that a lawyer must represent his clients as they wish to be represented. I refused to take part in any case where a father wants to use his children as weapons.
The Moral:
This is only a small example of our day as lawyers. We cannot do miracles – only wonders!
We need your understanding and your help because in the end we are representing not ourselves but our clients. We need your trust and cooperation to win.
Remember that your victory is also in our best interest. You win – we win!
