Why Do Lawyers Ask Their Clients

[kjohnson1]

My question relates to legal practice in the state of: EVERYWHERE.

I don't want to say all laywers do this...but every lawyer I have ever worked with has, and it blows my mind ever GD time. Then the other day I was watching JUDGE JUDY and she asked this stupid question.

Client (or potential client) to lawyer: Client explains to lawyer what happened and how they were effected negatively. Or maybe they leave out how they were effected negatively. This is what I do. I simply provide the facts regarding who did what.

Lawyer (or potential lawyer who doesn't recognize this is an opportunity to demonstrate they are competent) to client: What did they do wrong? OR What behavior is actionable? OR What law was broken?

This is when my brain scrambles. I think "When you take your car in for service...does the mechanic look at you and say 'What specific component do you want me to fix?' OR What tools should I use? OR What are the specifications for that component OR What other areas of your car do you think have been effected? Because if I was asked those things, I would know this person hasn't a clue. So why is this lawyer asking me...they should know what laws were broken, how they can be remedied and then provide me with options. Alas, I'm being asked questions in an area where I don't know what I don't know. I should be able to provide a scenario then a lawyer tells me what the potential solutions are."

[Taxing Matters]

My question relates to legal practice in the state of: EVERYWHERE.

Then the other day I was watching JUDGE JUDY and she asked this stupid question.

Bear in mind that Judge Judy is entertainment and not a real court room, and a lot of what she does does not reflect what you see in a real court room. That said, it is not unusual for a judge to ask that question of the plaintiff in a lawsuit in small claims court because the plaintiff has to be able to state what reason he or she believes gives him/her a good claim against the defendant.

Lawyer (or potential lawyer who doesn't recognize this is an opportunity to demonstrate they are competent) to client: What did they do wrong? OR What behavior is actionable? OR What law was broken?

I don't ask that question of clients or potential clients. Nor do any of the other lawyers I practice with. What I care about are the facts and what evidence the client has to support his/her claims. So certainly not every lawyer asks that question. Those that do are perhaps just trying to figure out what the client (or potential client) thinks might be the issue so the lawyer can address that point specifically.

[adjusterjack]

Dnftt.

[flyingron]

The question is tantamount to when you bring a car in complaining of squeaks, they ask why you think the squeaks are something that needs repair.

In Judge Judy's case, she's probably prompting them to explain what the course of action is. In a real court, you'd just likely be dismissed if you fail to state such.

[pg1067]

Simple. A person's description of an issue may leave the lawyer believing that no legal wrong occurred. However, before dismissing the person, the lawyer wants to know what the person's thought process is because the person obviously believes something happened. Perhaps, by understanding the person's thought process, the lawyer will see the matter differently or can better explain why the person has no legal recourse.

[latigo]

You're hopelessly deluded, as in "trippin"! Plus, obviously starved for attention.

I was brought up in a family of judges and lawyers and practiced law in federal and state courts for 40 plus years, so please spare me of your childlike inventiveness.

[Harold99]

You're hopelessly deluded, as in "trippin"! Plus, obviously starved for attention.

I was brought up in a family of judges and lawyers and practiced law in federal and state courts for 40 plus years, so please spare me of your childlike inventiveness.

Is this directed at the OP or the respondents?

[RJR]

This is when my brain scrambles. I think "When you take your car in for service...does the mechanic look at you and say 'What specific component do you want me to fix?' OR What tools should I use? OR What are the specifications for that component OR What other areas of your car do you think have been effected? Because if I was asked those things, I would know this person hasn't a clue. So why is this lawyer asking me...they should know what laws were broken, how they can be remedied and then provide me with options. Alas, I'm being asked questions in an area where I don't know what I don't know. I should be able to provide a scenario then a lawyer tells me what the potential solutions are."

Here are a couple of classic examples from Judge Wapner's The Peoples Court. I understand this is TV, however these were REAL Court lawsuits from around the Country. The PC contacted them and asked if they wished to dismiss their case and have the PC arbitrate for them. These complaints were not made up for TV.

1. A woman filed a lawsuit against a cute Baby contest judges/pageant. Cause of Action: It was so obvious her baby was the cutest entry, and for the judges to rule otherwise was evidence of some type of bribery or fraud!

If this woman consulted an Attorney s/he would ask such as "What legal reasoning can you provide to me, that mandates your baby should have won". When s/he tells the Attorney her legal reasoning, (after they stop laughing and rolling on the floor) what do you think the Attorney would tell her?

2. A man had a Truck for sale. A woman wanted it but did not have the asking price. His deal was if she had sex with him once a month/week (?) for a year, he would not want any money. She agreed. He transferred the Title. After a few months (?) she stopped having sex with him. He sued her for Breach of Contract. Need I even tell you how Judge Wapner ruled!!

Same fact with the man consulting an Attorney and the man telling his Legal reasoning.

The other posters answers were quite on the mark.