A friend sent me an e-mail in response to a post about misleading ads by lawyers. Along with it was a link to a San Diego lawyer who brags on his website that he's the recipient of "a prestigious award." I know the award, and there is no prestige associated with it - in fact, it's like a movie getting "four tomatoes;" you probably don't want to go see it, and you don't see it in the movie posters.
One premise of the best seller Freakonomics the disparity of information between experts and their customers makes it impossible for the latter to determine how to do the expert's job, how to know if the expert is making things up, or whether the expert truly has any expertise. As a result, the expert gets paid a lot of money because he knows the secret information. There is a huge information gap, resulting in the expert getting paid a lot for access.
This is changing rapidly as the world turns toward the Internet, where there is actual information you can use if you dig deeply enough, available free to everyone. While I can't recommend that most clients use the Internet to do their divorces or other legal work, they can use it as a way of confirming what they are told or providing a list of questions to ask their attorney.
There is still no substitute for the knowledge of the lawyer about how court's work, what particular judges do, how certain opponents approach their cases, and the nuances of the law. But there are many websites providing limited information on calculating guideline support [assuming you know what to input into the program], and case law is available from many sources. You just need to be careful applying what you read, because the facts of your case may be different from those of your friend, or from the examples you find online. And, there are wide variances from state to state, and even from county to county.
It is impossible in a blog to discuss where and when you should seek out a lawyer, but I can state from experience in representing lawyers and their spouses in divorce cases that even lawyers who practice in other fields don't understand family law when they read it.
Now, back to the ad. The award is named after a California Code section, and is given periodically by a local association. Sounds impressive, until you read the code section itself:
"(a) Every trial court may order a party, the party's attorney, or both to pay any reasonable expenses, including attorney's fees, incurred by another party as a result of bad-faith actions or tactics that are frivolous or solely intended to cause unnecessary delay....
"(1) "Actions or tactics" include, but are not limited to, the making or opposing of motions or the filing and service of a complaint or cross-complaint...
"(2) "Frivolous" means (A) totally and completely without merit or (B) for the sole purpose of harassing an opposing party."
Now if your attorney were given an award named after this section, would you assume he or she always filed meritorious motions or made reasonable requests, or makes cases flow smoothly? [That's a rhetorical question.]
It's like a novice reading a computer ad: It's got big stars around it, bold print, the price is low, it must be a great computer at a great price, right? It might be 2004 technology, slow as molasses, from a manufacture not known for quality or consumer service, not upgradeable, but it sure sounds great - and that bargain price may actually be manufacturer's list.
That's why an ad for a lawyer with 30 years of experience specializing in divorces [as vague as that sounds], is far different from an ad for a certified specialist. The former may simply be pure puffing, while the latter assures at least minimum qualifications and experience and some substantial effort to gain the status, at least in Calfornia.
Is the lawyer "caring"? "Knowledgeable?" "Cost effective?" Are these merely slogans? Read the advertisements carefully, to ensure you aren't being sucked in by generalizations that have no meaning. And if the someone brags about an award on his desk or wall....
